FC: Judge orders Feds to release names of 9-11 secret detainees

[Declan McCullagh <declan@well.com>]

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FOR IMMEDIATE RELEASECIV
FRIDAY, AUGUST 2, 2002(202) 616-2777
WWW.USDOJ.GOVTDD (202) 514-1888

STATEMENT OF ROBERT MCCALLUM,
ASSISTANT ATTORNEY GENERAL FOR THE CIVIL DIVISION,
REGARDING JUDGE KESSLER'S DECISION IN
CENTER FOR NATIONAL SECURITY STUDIES V. USDOJ

"The Department of Justice believes today's ruling impedes one of the most 
important federal law enforcement investigations in history, harms our 
efforts to bring to justice those responsible for the heinous attacks of 
September 11, and increases the risk of future terrorist threats to our 
nation.  While the Department is pleased that the Court recognized that 
certain categories of information relating to the 9/11 investigation are 
protected from disclosure, the Justice Department's Criminal Division and 
the FBI firmly believe that the information sought by the plaintiffs, if 
released, could jeopardize the investigation and provide valuable 
information to terrorists seeking to cause even greater harm to the safety 
of the American people.  In reviewing today's ruling, the Department of 
Justice will be evaluating all options to protect the American public from 
future terrorist threats while preserving our constitutional liberties."

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Date: Fri, 02 Aug 2002 18:19:34 -0400
To: Declan McCullagh <declan@well.com>
From: Chris Hoofnagle <hoofnagle@epic.org>
Subject: Ct. Orders Release of Detainees' Names

FYI:

Order online at: http://www.epic.org/open_gov/foia/cnss_v_doj.html

Judge Orders Detainee Names Release
Fri Aug 2, 4:04 PM ET

By CHRISTOPHER NEWTON, Associated Press Writer

WASHINGTON (AP) - A federal judge ruled Friday that the United States
must reveal the names of people detained in the investigation of the
Sept. 11 terrorist attacks.

The order by U.S. District Judge Barbara Kessler allows only two
exceptions. On a case-by-case basis, the judge will consider allowing
the government to keep a detainee's name secret if the detainee is a
material witness to a terror investigation.

The judge also will allow the government to withhold the name if the
detainee requests it.

Kessler ruled that the government's rationale for keeping the names
secret was insufficient. The government's argument that terrorists in
other nations might map the progress of U.S. investigators by
determining who had been captured is illogical.

[...]




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