UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
STEVEN AFTERGOOD,
)
)
Civ.
Action
(RMU)
No. 01.-2524
CENTRAL INTELLIGENCE
AGENCY,
)
DECLARATION OF JOHN E. McLAUGHLIN
I.
INTRODUCTION.
I,
JOHN E. McLAUGHLIN, hereby declare: I am the Acting Director of Central since 12 July Intelligence 2004.
1.
(ADCI),
a position as ADCI, of
I have held I served Central capacities 1972
Prior
to serving
since
19 October
2000 as the
Deputy Director served in various
Intelligence. in the Central
Before that,
Intelligence
I
Agency (CIA)
since
2.
Intelligence Security
u.s.c.
The CIA and the position (DCI) were established Act of 1947
§§ 401 et seq.
of Director
of
Central
by the National as amended at 50 lO2(a) of the the
codified Pursuant
to section I serve
50 U.S.C.
§ 403(a),
as ADCI,
as head of
Act, (Act), Defendant. v. Plaintiff,
United advisor
States to the
Intelligence President of
Community; the United to national
act as the principal States for and
intelligence serve
matters
related
security;
as the head of Under section
the Central lO2A of
Intelligence the Act,
Agency.
§ 403-1,
50 U.S.C.
the out
function
of
the
CIA is
to assist forth of
me as ADCI to in subparagraphs Pursuant
carry (1) to that the
my responsibilities
as set lO3(d)
through
(5
of
section
the Act.
codified CIA, I am charged
at 50 U.S.C. with collecting
§ 403-3(d), intelligence
as head of through
human sources
and other
appropriate
means (excluding powers or internal direction for the
subpoena,
and law enforcement to provide intelligence Intelligence use is States overall
security
collection
functions);
of national of
through
human sources {ensuring and that in the
by elements that
the u.s.
Community
the most effective to the United of national
made of resources and those involved
the risks collection
intelligence
through
human sources intelligence appropriate such to the and to perform
are minimized); related
to correlate
and evaluate
to the national of
security
and to provide to perform
dissemination additional elements such other of
such intelligence;
services the u.s. functions
as are of common concern Intelligence and duties Community; related
to intelligence
2
police, section, 3.
affecting National
the national Security
security
as the President A more of
or
Council
may direct. of
particularized CIA is set forth
statement
the authorities 1.5 and 1.8 of
the DCI and Order
in sections 200 (1981). of of
Executive
12333, 3 C.F.R.
4.
custody
By virtue and control
my position the files 104(a) of
as ADCI, and records the Act,
I have official of the CIA, 50 U.S.C. § 403-
and pursuant
4 (a), I have,
to section
to the extent and approved related
recommended by the National by the President, security access which of to is the
Security all
Council
intelligence
to the national agency,
collected
by any department,
or other
entity
United 5.
States
Sections 103(c) and 104 of the u.s. the Act outline Intelligence and approval of an by
(7), and
my
responsibilities
as head of including
the development
annual budget. section lO3(c)
Moreover,
7
I am specifically
50 U. S .C .§
charged
403 -3 (c)
of
the Act,
by section intelligence
1.3(a)
(5) of
Executive
Order
12333,
to protect
sources Section
and methods
from unauthorized Intelligence
directs me to
6 of the Central
§ 403g) also
Agency
"be
Act
of 1949
(50 U.S.C.
responsible
for
protecting disclosure."
intelligence
sources
and methods
from unauthorized
3
disclosure. Community,
6.
Through
the exercise civil
based
of
my official
duties,
I have
become aware of this
set forth herein of the are
litigation.
The represe:atations review ,and
upon my personal discussed below
appraisal
information
and upl:)n
discussions personnel described
with
CIA and other
Intelligence about
Community
who are knowledgeable herein.
I understand that plaintiff
the activities
7.
seeking
has
filed
a la~",suit
"disclosure
of historical
u.s. 1970,
intelligence
budget
information budget
totals II
from 1947 through as well
including
aggregate
information
\\ intelligence
as subsidiary
information
agency budget
II
budget
I also
understand improperly possesses one of
possess
that
plaintiff
alleges
that
the CIA has
withheld information fiscal
such information. on the total 1947 through
on the
Although
CIA budget 1970,1 it for
CIA
all but
the
years
information
does not
Comm1111ity or
budget
Intelligence
other
agencies
for
those years. to plaintiff's (which mayor one of
a search ForA request found only from a
conducted few budget other
pursuant numbers for
may not be accurate) (1947
agencies
those years
1 Although it
CIA has located
some budget
documents
for
fiscal figure
year for
1965, 1965
has been unable
to reconstruct
the total
CIA budget
4
Instead,
8.
determined
For reasons that
discussed
more fully budget disclosure release
below, information pursuant
I have
located to ForA to reveal 1~ith
the intelligence from public because its that
must be withheld Exemption intelligence protecting Central submitting fully (b) (3),
would
tend
methods
I am statutorily Security
charged
by the National Intelligence this
Act of 1947 and the My purpose for in as the
Agency Act of 1949. is to describe
declaration
the Court making
as I may on the public
record
my bases for
above determinations.
BACKGROUND.
9.
As head of
the Intelligence
developing
Community,
and presenting
my
1:0 the
responsibilities
include
President Intelligence
development
an annual Program
by the
budget
request
for
the National in
the
Foreign the
(NFIP) , and participating
of Defense of
Secretary
annuc3.l
budget
(JMIP)
requests
for
the Joint
Intelligence
Military
Intelligence
Activi1:ies
Program
and Tactical .
and Related
The budgets
for
the NFIP, budget of
JMIP,
and TIARA jointly State~; for
constitute intelligence
the aggregate
the United activities.
and intelligence-related passes supplemental
In some
cictS
Congress that annual add funds
appropriations
to the amounts contained Although
in the regu:Lar by
appropriations.
the amounts provided
5
years, (TIARA) II.
the annual programs request overall
CoImnunity
and supplemental
appropriations or identified together they
for
these budget the
are not presented or document, intelligence
aggregate
in a singl,e constitute
taken budget.
budget
Therefore,
figure consists
the Intelligence
of the acJgregate
of
the NFIP,
JMIP, for
TIARA,
and any supplemental fiscal year. 1970,
appropriations During
the particular the years
1947 through
we did not
we have an
T:[ARA and
have an Intelligence Intelligence
Community in
the sense that
Community now, nor funds for
did we have NFIP, purposes
agencies, State
intelligence
to separate and the
werE:
su<::h as
clandestinely
appropriated the
the War Department,
Navy,
DepartmE=nt.
As
a result,
budget agencies
the DCI and the CIA do not have archives records for of the Intelligence 1947 through of
of
Community or othE~r 1970 se(~urity
the years
At the creation establishment a paradox publicly less they of in 1947, intelligence about publicly without They struck secret
the modern national policymakers
national
had to address the more they
appropriations:
disclosed could
the amount of appropriations, debate about the objects
the
oJE such
appropriations
causing
damage to the nationcil in favor of keep:Lng
the balance
the amount of appropriations.
6
security. 11. Instead, JMIP. 10.
Consequently,
when seeking has not requests intelligence
disclosing any
for
over
fifty
years,
the Executive
from budget of by
intelligence
appropriations its annual
publicly to prevent that
disclosed
in order
the identification could be revealed
spending spending
activities
trends in
intelligence specific
and by e:tlabling figures aJad
correlation
between
particular
intelligence Likewise,
programs. Congress it has never publicly for disc::losed 1~347, disclosed
the aggregate intelligence the total
amount that purposes.
has appropriated has it publicly
Nei ther
amount appropriated has provided of the United acts funding States for
for for
the CIA. the various
Since
Congress programs
intel:Ligence
through several
separate departments budgets identified,
intelligence
appropriations
enacted
and total
The aggregate CIA budgets
protect the
intelligence been publicly
nature of the
and the
have never
classified
bo1:h to
pJt:'ograms
themselves methods
and to protect
the classified funds
intelligence intel:Ligence sect:Lons for 5
used to transfer Congress also
to and between through
has provided, statutory of those
and 8 of secret
the
CIA Act of 1949, and spending intelligence
authority clandestinely
the
transfer
appropriated
funds.
Furthermore,
on a1: least
7
agencies. 13. Congress, Branch, 12.
three these would
occasions protections
in recent
years,
Congress legislative States
has reaffirmed proposals the Indeed, that
by rejecting the United budget
have required intelligence
to disclose
aggregate
on an annual basis. rejected
in 2000 the House of Representatives amendment to the Year 2001 that
aggregate
a pro:posed Act For Fiscal of the
fisci3.l year.
Intelligence
Authorization
would have required
budget for
the disclosure
the previous
intelligence
Congress's
appropriations
own treatment
since 1947,
of
intelligence
with the statuto:r-y
coupled
authority
that of
it
has provided those funds,
for
the clandestine its intent
1:ransfer that
and spending intelligence intelligence publicly
demonstrate
budget budgets disclosed.
Consistent
information--in
particular
aggrE=gate not be
and CIA budgets--should
with
these
Congressional
measuJ':es,
and
because
the
I am responsible
of
by statute
that
for
would
protecting
tend to
(~gainst
re'l,eal
disclosure
information
intelligence consider
sources carefully
and methods, any action that
it
is could
essential undermine
that 1:hat
I
CONSIDERING
THE CURRE:NT
In response carefully considered
to plaintiff's the ramifications
FOIA request, of releasing
I have the
8
15. III. protection. 14. Thus,
total
CIA budgets from other that that
for
fiscal
years for
1947-70
and a few budget I have budget
numbers concluded information
agencies
fiscal
year 1947.
publicly plaintiff
disclosing
the intelligence tend to reveal
seeks would in
intelligence an effective
methods that, intelligence
the interest ought
of maint,aining not be publicly
service,
revealed
In evaluating budget information, factors
Disclosing --~ u.s. Intelligence Information Adversaries. 'ro -~--
whether
to release into
the intelligence several
I have taken
consideration
significant
Our adversaries u.s. intelligence programs
can gain
useful
information from budgl~t budget to nations
about
and activities the intelligence interest
Information been and continues wishing United to calculate States
about
has
to be of great the strengths own points Foreign
and weaknesses of vulnerability also
o:E the to U.S. ha',e been
and their agencies. to be keenly
intelligence and continue
governments in u.s.
interested
intell:Lgence been bet1:er
Nowhere have those priorities
reflected than in the level of spending
on particulc3.r
intelligence
activities. to varying
That is degrees,
why foreign
intel:Ligence to
services,
have devoted
and cont:Lnue
9
priorities. figures. 17. A. 16.
devote
resources
to learning by other
the amounts and objects governments. governments available obtained budget are highly information informatio:n to acquire has been
of
intelligence
spending Some of
these
foreign publicly
experienced comparing concerning knowledge it
in studying with the U.S.
clandestinely intelligence of
,jetailed
and estimates
how the budget funds
funds have
where intelligence
how and where intelligence
have been hiddlen,
been transfer:r-ed for
various
expertise
purposes.
(which is
Foreign
publicly
governments
available
also
have th.~
ti3.ught in
and widely
universities} including organizations helps
to do cost intelligence already
analyses
of government As a result,
pro!Jrams,
thes 1=
programs. possess
important States
information
that pJcograms
them discern
how United
intelligence
have been funded. When a foreign our budget priorities this States data information it intelligence about u.s. does not service glean13 from
intelligence necessarily keep
Un:Lted
and activities, to itself. intelligence services
information shares
jus t as the
information
with
coopera1:ing
intelligence
when appropriate,
hostile
10
Rather, 19. structured, 18.
intelligence intelligence
services activities
share with
damaging information other nations.
about
u.s.
when I consider security information, sophistication services widespread countries intelligence of
the possible of into
damage to u.s. intelligence account of not
national
from disclosure I must take
budget only
and capabilities individual disclosure countries, of harmful able
the intelligence but also the likely
information
to othler 1J.8.
that
are less budget data.
themselves
to analyze
Combining Information
Disclosed Already
-~~
Information Possessed
with Classj_fied by Adversaries.
20.
intelligence a disclosure available would tend budget could to foreign to reveal that accurate.
information,
in evaluating information,
whether
to disclos«~
the whether
I have to consider that is already
add to information intelligence intelligence in the public The official
even if it
services sources
in a way that and methods.
Information entirely
budget
is
domain may not be release of
itself
intelli~Jence
revec3.l
does
not
specific analytic transfer
intelligence benchmarks and spending
activities, or clues of
would provide to make our
valuable
clandestinE= more recidily
intelligence by hostile
funds
and precisely
identifiable
intelligence
11 Finally, B. Therefore,
By providing boundaries intelligence be able u.s. other for
official
confirmation
of
the upper
the budgets
of each member of intelligence and cost
the u.s. services analyses will of with
community, if their
foreign
to tell
estimates
intelligence clandestinely
programs obtained spanning
would
are accurate. information, many decades,
be able to
When coupled
and when .viewed foreign
the clei3.rest
from a perspective
intelligence services
draw
and most cogent
picture
of u.s.
intelligence
activi'ties,
As a r4~sul t,
priorities,
the release undermine Congress of intelligence statutory
and strengths. budget information
would that
the very
and customary
protections
has afforded Thus, official
such information release tend obliged of
from 1947 thJrough that mE=thods
the information intelligence
plaintiff that I
seeks would am by statute
to reveal
to protect.
CONCLUSION.
21.
providing for
Simply
stated,
the
methods
of
clandestine:Ly
money to the CIA and the Intelligence of carrying out the classified are themselves methods. could assist
Co~nunity inte:Lligence
the purpose of
activities
the United enabled budget of secret
States
congressionally of intelligence
intelligence information intelligence
Disc:Losure
in
jEinding and
the locations
appropriations
12
IV. today. vulnerabilities, services.
thus
defeat
these
congressionally
approved for
clandestine discussed
funding
mechanisms.
Therefore,
the reasons
principal
related to
adviser
to the President
security,
for
intelligence
of
matters
thl= CIA,
the national
and as head
to protect unauthorized intelligence be protected
3 (c)
u.s.c.
intelligence disclosure, budget
sources
and methods
from that the seek:3 must
!§ 403-
I have determined that pursuant Exemption plaintiff
information
from disclosure conjunction
(3
to 50 U.S.C. 3 of
(7)
in
with
the FOrA, 5
§ 552 (b)
I hereby
certify
under
penalty
of
perjury
that
the
foregoing
is
true and correct
Executed this ~
day of September,2004.
JOHN E. McLAUGHLIN DIRECTOR OF CENTRAL INTEJ:'LIGENCE
13