April, 1968, 47ā“53.
111. Article 21 of the Universal Declaration of Human Rights, like several
other declarations, says that individuals have the right to take part in
the government of their country, and that government should exercise
its authority on the basis of the will of the people.
112. Eric Alterman, Who Speaks for America? Why Democracy Matters in For-
eign Policy (Ithaca, NY: Cornell University Press, 1998).
113. According to a Washington Post poll completed in October 2001, 64 per-
cent of Americans trusted government to do what is right most or all of
the time ā“ a level of support not seen in comparable polls since the
mid 1960s and a dramatic contrast to the 20 percent levels of trust
found in the mid 1990s. The poll also showed that large majorities
would support measures that restricted civil liberties. Dana Milbank
and Richard Morin, āPublic Is Unyielding in War against Terror,ā
Washington Post, September 29, 2001, A1. In the NPR/Kaiser/Kennedy
School National Survey on Civil Liberties conducted in November 2001,
51 percent of respondents agreed that it would be necessary for the
āaverage person to give up some rights and libertiesā to curb terrorism:
114. Daniel Ellsberg, Secrets (New York: Penguin Group, 2002), 46.
3. Regime change
1. Donald Rumsfeld, Remarks to the Newspaper Association of America/
American Society of Newspaper Editors (Washington, DC: United States
Department of Defense, 2004).
2. āIt should not be a surprise today that thereā™s still remnants of that regime
that would like to take it back. They had a very good thing. They could
go around killing tens of thousands of people and piling them in mass
graves. They could torture people and have rape rooms and the world
would turn their head from that and let it happen. But they canā™t do that
anymoreā: Donald Rumsfeld, Transcript of Interview with Nick Childs,
BBC (Washington, DC: Department of Defense, 2004).
3. Maj. Gen. Antonio Taguba, Article 15ā“6 Investigation of the 800th Military
Police Brigade (Washington, DC: United States Central Command, 2004).
4. The Freedom of Information Act prevents access to properly classiļ¬ed
material. Whether the Taguba report was properly classiļ¬ed was open
to question: Federal policy says that information may not be classi-
ļ¬ed āin order to . . . conceal violations of law, inefļ¬ciency, or adminis-
trative error.ā Steven Aftergood, āTorture and Secrecy,ā In These Times,
Notes to Pages 52ā“57
June 2, 2004, Web edition: http://www.inthesetimes.com/site/main/
article/torture and secrecy/.
5. Gary Younge and Julian Borger, āCBS Delayed Report on Iraqi Prison
Abuse after Military Chiefs Plea,ā The Guardian, May 4, 2004.
6. Bradley Graham and Charles Babington, āProbes of Detainee Deaths
Reported,ā Washington Post, May 5, 2004, A1.
7. āChris Matthews, Transcript of āHardball with Chris Matthewsā (New York:
MSNBC TV, 2004).
8. Lawrence Di Rita, Media Availability with the Principal Deputy Assis-
tant Secretary of Defense (Washington, DC: United States Department of
9. Vivienne Walt, āMilitary Personnel: Donā™t Read This!ā Time, May 8,
10. Seymour Hersh, āTorture at Abu Ghraib,ā The New Yorker, May 10, 2004,
11. Dana Milbank, āU.S. Tries to Calm Furor Caused by Photos,ā Washington
Post, May 1, 2004, A1.
12. Douglas Jehl and Eric Schmitt, āArmy Discloses Criminal Inquiry on
Prison Abuse,ā New York Times, May 5, 2004, A1.
13. Donald Rumsfeld, Defense Department Operational Update Brieļ¬ng
(Washington, DC: Department of Defense, 2004).
14. Washington Post, āTranscript of Rumsfeld Testimony before Senate
Armed Services Committee,ā May 7, 2004, Web edition, Washington Post,
āRumsfeld Testiļ¬es before House Armed Services Committee,ā May 7,
2004, Web edition.
15. Mark Tapscott, āToo Many Secrets,ā Washington Post, November 20, 2002,
16. EPA v. Mink, 410 U.S. 73 (1973), interpreting Exemption 1 of the 1966
17. Exemption 7 of the 1966 FOIA was interpreted to provide protection for
āinvestigatory ļ¬les compiled for law enforcement purposesā regardless
of whether any further law enforcement proceeding was likely or would
be harmed by disclosure: Harry Hammitt, David Sobel, and Mark Zaid,
Litigation under the Federal Open Government Laws (Washington, DC:
EPIC Publications, 2002).
18. Veto Message from the President on the Freedom of Information Act,
Congressional Records, November 18, 1974, page 36243.
19. According to CIA memoranda posted by thememoryhole.org.
20. Antonin Scalia, āThe Freedom of Information Act Has No Clothes,ā Reg-
ulation 6, no. 2 (1982): 14ā“20, 15ā“16.
21. Arthur Schlesinger, Jr., The Imperial Presidency (Boston: Houghton
22. Michel Crozier, Samuel P. Huntington, and Joji Watanuki, The Crisis of
Democracy (New York: New York University Press, 1975). The follow-
ing paragraphs draw principally on Huntingtonā™s analysis of the United
States, presented in pages 59ā“118 of the report.
23. Ibid., 175.
Notes to Pages 57ā“60
24. Baumgartner and Jones show that the number of issues on the govern-
ment agenda ā“ which they deļ¬ne as the number of discrete topics that
were the subject of hearings by Congress in a particular year ā“ expanded
substantially between 1975 and the late 1980s: Frank R. Baumgartner and
Bryan D. Jones, Policy Dynamics (Chicago: University of Chicago Press,
25. Frank R. Baumgartner and Beth L. Leech, Basic Interests (Princeton, NJ:
Princeton University Press, 1998), Table 6-1.
26. Beth L. Leech et al., āDrawing Lobbyists to Washington: Government
Attention and Interest-Group Mobilization,ā Political Research Quarterly
27. Jonathan Rauch, Demosclerosis (New York: Times Books, 1994).
28. Project for Excellence in Journalism, The State of the News Media 2004
(Washington, DC: Project for Excellence in Journalism, 2004), Overview.
30. Bill Kovach and Tom Rosenstiel, Warp Speed: America in the Age of Mixed
Media (New York: Century Foundation Press, 1999).
31. Ari Fleischer, Taking Heat: The President, the Press, and My Years in the
White House (New York: William Morrow, 2005), ix and 8.
32. Susan Pharr, Robert Putnam, and Russell Dalton, āA Quarter-Century of
Declining Conļ¬dence,ā Journal of Democracy 11, no. 2 (2000): 5ā“25, 9ā“10.
The authors observe that conļ¬dence in representative institutions in most
Trilateral countries had declined since the original report, āand in that
sense most of these democracies are troubled.ā See also Joseph Nye, Jr.,
Philip Zelikow, and David King, eds., Why People Donā™t Trust Government
(Cambridge, MA: Harvard University Press, 1997). To some degree, these
conclusions reļ¬‚ect trends up to the early 1990s, when trust in government
sank to an historic low. Trust rebounded in the late 1990s, although not
to the levels of the early 1960s.
33. Julian E. Zelizer, On Capitol Hill (Cambridge, UK: Cambridge University
Press, 2004), 10ā“13.
34. Crozier, Huntington, and Watanuki, The Crisis of Democracy.
35. āPrior to 1974, Presidents exercised complete control over their pres-
idential papersā: Morton Rosenberg, Statement before the House Sub-
committee on Efļ¬ciency, Financial Management and Intergovernmen-
tal Relations Concerning HR 4187, the Presidential Records Act Amend-
ments of 2002 (Washington, DC: Congressional Research Service,
36. Barry Snyder, Testimony before the House Subcommittee on Government
Efļ¬ciency and Financial Management on the 25th Anniversary of the Inspec-
tor General Act (Washington, DC: Executive Council on Integrity and Efļ¬-
37. āA key purpose of the 1980 Act was to strengthen GAOā™s ability to access
records in the face of opposition by agencies including the White House.ā
Letter from Comptroller General David Walker to Vice President Richard
Cheney, August 17, 2001.
38. Jonathan Swift, Gulliverā™s Travels (1726), Part I.
Notes to Pages 60ā“63
39. Rumsfeldā™s testimony was later published by the Heartland Institute, a
Chicago-based libertarian thinktank: Donald Rumsfeld, Thoughts from
the Business World on Downsizing Government (Chicago: The Heartland
40. Donald Rumsfeld, Speech at National Defense University on ā21st Century
Transformationā of U.S. Armed Forces (Washington, DC: Ofļ¬ce of the Sec-
retary of Defense, 2002).
41. Donald Rumsfeld, Testimony to the Senate Armed Services Committees on
the 2003 Defense Budget Request (Washington, DC: Ofļ¬ce of the Secretary
of Defense, 2002).
42. Jim Lobe, āThe Strong Must Rule the Weak, Said Neo-Consā™ Muse,ā Inter
Press Service, May 7, 2003.
43. In 2003 Professor Carnes Lord, a student of Strauss who had served as an
assistant to the Vice President for national security affairs in the admin-
istration of George H. W. Bush, presented a diagnosis of the predica-
ment of modern leadership that followed similar lines. Lord was particu-
larly critical of the power of the media and the corrosive effect of media
intrusions on the deliberative processes of government: Carnes Lord,
The Modern Prince (New Haven: Yale University Press, 2003), 1ā“10 and
44. In a March 27, 2001 speech to the National Association for Business
Economics. The speech was referred to by Senator Robert Byrd in an
exchange with Oā™Neill during a February 7, 2002 hearing of the Senate
45. In the same exchange with Oā™Neill. I am grateful to Professor Donald
Moynihan for pointing out this reference, as well as the reference in the
2003 budget documents: Donald P. Moynihan, āHomeland Security and
the U.S. Public Management Policy Agenda,ā Governance 18, no. 2 (2005):
46. Ofļ¬ce of Management and Budget, Budget of the U.S. Government, Fiscal
Year 2003 (Washington, DC: Ofļ¬ce of Management and Budget, 2002).
The image reproduced in the Budget is taken from a trade card produced
for the U.S. subsidiary of Coats Thread Company, a Scottish ļ¬rm, in the
late nineteenth century. However, the Coats Company had used the same
image in its earlier British advertising.
47. Quoted in John Dean, Worse than Watergate (New York: Little, Brown and
Co., 2004), 3. Klayman made the comment in an August 2002 speech.
48. FACA applies to an advisory committee that is not composed exclusively of
government ofļ¬cials. If the NEPDGā™s report were taken at face value, then
FACA would not apply. However, the District of Columbia Court of Appeals
held in 1993 that a nongovernmental individual might be regarded as a āde
factoā member of an advisory committee, thus triggering FACA require-
ments. (Assā™n of Am. Physicians & Surgeons, Inc. v. Clinton, 997 F.2d 898,
902ā“03 (D.C. Cir. 1993.) Sierra Club and Judicial Watch sought to argue
that energy executives were de facto members of the NEPDG. In May
2005, the U.S. Court of Appeals for the District of Columbia Circuit took
a narrow view of the āde facto memberā principle and refused to allow
Notes to Pages 63ā“65
the groups to seek further evidence that would allow them to substantiate
49. In the General Accounting Ofļ¬ce Act of 1980.
50. ABCā™s This Week, January 27, 2002.
51. Richard Cheney, Letter Regarding Actions of the Comptroller General
(Washington, DC: Ofļ¬ce of the Vice President, 2001), 6.
52. United States Supreme Court, Cheney v. U.S. District Court for the District
of Columbia, Brief for the Petitioners: 15.
53. Press Conference by the President, March 13, 2002. http://www.fas.org/
54. John F. Stacks, āHard Times for Hard News,ā World Policy Journal 20,
no. 4 (2004): 12ā“21, 20.
55. Executive Order 13233, November 1, 2001.
56. The order also appeared to allow former Vice Presidents an indepen-
dent capacity to block release of documents: Rosenberg, Statement before
the House Subcommittee on Efļ¬ciency, Financial Management and Inter-
governmental Relations Concerning Hr 4187, the Presidential Records Act
Amendments of 2002. A coalition of advocacy groups led by the Public
Citizen Litigation Group challenged the order, but the United States Dis-
trict Court for the District of Columbia concluded in March 2004 that
their complaint was premature, as harm had not yet been established.
American Historical Association, et al., v. National Archives and Records
Administration, et al., Civil Action No. 01-2447, Memorandum Opinion,
March 28, 2004.
57. Janet Reno, āStatement of the Attorney General Regarding Implementa-
tion of FOIA,ā in Litigation under the Federal Open Government Laws, ed.
Allan Adler (Washington, DC: American Civil Liberties Union, 1993), John
Ashcroft, Memorandum on Freedom of Information Act (Washington, DC:
Department of Justice, 2001).
58. Andrew H. Card, Jr., Memorandum on Action to Safeguard Information
Regarding Weapons of Mass Destruction and Other Sensitive Documents
Related to Homeland Security (Washington, DC: Executive Ofļ¬ce of the
59. According to the advocacy group OMBWatch: http://www.ombwatch.
60. Homeland Security Act, PL 107ā“296, section 214. The law also created
a criminal penalty for unauthorized disclosure of critical infrastructure
information ā“ a level of protection not granted to classiļ¬ed information.
61. National Defense Authorization Act for Fiscal Year 2004, PL 108ā“136,
62. Executive Order 13292, March 25, 2003, amending Executive Order
12958, regarding Classiļ¬ed National Security Information. Sections
1.1(a)(4), 1.1(c) and 1.4(e)ā“(g).
63. Agencies that received new classiļ¬cation authority included the Depart-
ment of Health and Human Services, the Department of Agriculture, and
the Environmental Protection Agency, as well as the Department of Home-
land Security after its establishment in January 2003.
Notes to Pages 65ā“66
64. J. William Leonard, Remarks to the National Classiļ¬cation Management
Societyā™s Annual Training Seminar (Washington, DC: Information Security
Oversight Ofļ¬ce, 2004).
65. Information Security Oversight Ofļ¬ce, Notes on Revisions to Executive
Order 12958 on Classiļ¬ed National Security Information (Washington, DC:
Information Security Oversight Ofļ¬ce, 2003). See section 1.7(c) of the
revised Executive Order 12958.
66. Rep. Henry Waxman and Rep. John Tierney, Letter to the Hon. Donald
Rumsfeld Regarding Classiļ¬cation of a Report by the Ofļ¬ce of Opera-
tional Test and Evaluation (Washington, DC: House of Representatives,