FBI, Department of Justice Lie About Having WikiLeaks Records

In late 2011, a FOIA request was submitted to the FBI for all its records on WikiLeaks. The FBI responded that it had no records. Not believing the FBI’s response, a FOIA appeal was submitted to the Department of Justice Office of Information Policy which upheld the FBI’s search and its findings. 

Still disbelieving the FBI/DOJ responses, a FOIA request was submitted to the Department of Justice Office of Information Policy for its records regarding the aforementioned appeal. The DOJ OIP responded and reveals that not only does the FBI have WikiLeaks records, but the FBI/DOJ lied about having records. WikiLeaks’ records are tucked away in other files, thus are considered for cross-references and not responsive because the request was for “all records” and didn’t use the magic words “cross-references.”

    OIP WikiLeaks Records     

Is the DIA Monitoring Media Coverage of the Bradley Manning Support Network

In response to a FOIA request seeking the Defense Intelligence Agency’s records on the Bradley Manning Support Network, it appears that the DIA is monitoring media coverage of the Bradley Manning Support Network. DIA refusal to release their copies of media coverage makes it impossible to confirm, but the DIA has been shown to have its own collection of Bradley Manning Support Network media reports as well as media reports culled from the NSA and the CIA.

DIA BMSN Letter

CIA/ DIA Records on the Bradley Manning Support Network

In response to a FOIA request to the Defense Intelligence Agency, the CIA’s Open Source Center has released two reports on the media coverage of the Bradley Manning Support Network. The reports are innocuous in of themselves. One briefly mentions that a member of the Bradley Manning Support Network commented on an Al-Jazeera show on the transfer of Bradley Manning to Fort Leavenworth. The second report contains a comment from a “Martiaan” who called for another commenter to give a shout-out of support to Bradley Manning during a planned disruption.

The value of these documents is in the fact they were referred back to the CIA by the DIA for release. This provides further evidence that the Defense Intelligence Agency is conducting an investigation of some kind into the Bradley Manning Support Network.

BMSN Article I

BMSN Article II

Defense Intelligence Agency, NSA Monitoring the Bradley Manning Support Network

A recent response by the National Security Agency to a FOIA request revealed that two of the most powerful intelligence agencies in the United States are monitoring the Bradley Manning Support Network. 

The extent of the monitoring is unknown but in a letter received today, the NSA revealed that it is tracking, at the very least, media reports on the Bradley Manning Support Network. In the same letter, the NSA said that it had received the document from the Defense Intelligence Agency, which had sent the record back to the NSA in response to a FOIA request submitted to the DIA for their records relating to the Bradley Manning Support Network. 

Again, it is too early to draw conclusions on the extent of the monitoring. The NSA and DIA may simply be monitoring media reports to better prepare for protests, which are occurring at Fort Meade, home of the NSA’s headquarters.

NSA Response to Bradley Manning Support Network FOIA

Is the CIA Censoring Its WikiLeaks Records?

A comparison between the "-Your search - WikiLeaks - did not match any documents-" responses given by the search engine used by the CIA's website and the multiple responsive records found Google, it appears the answer to the headline question appears to be Yes!

On a lark, I entered the term "WikiLeaks"  into the search engine used by the CIA's website. This was the response:

  

Curiosity piqued,  I entered WikiLeaks as a search term into the search engine of the CIA's website. This time I did more specialized search for "CSI" and "CSI Archive" results. CSI = Center for the Study of Intelligence. Here are the results.

Search of the CSI Archive for WikiLeaks

Search Results for "CSI" for WikiLeaks records:

An "Advanced search" by Google produces multiple "WikiLeaks" results"on the cia.gov domain.

How Strange: INSCOM Invokes Glomar on Bradley Manning Support Network Request

If the existence of an investigation into the Bradley Manning Support Network was odd, the respond of INSCOM to a FOIA request on the matter is straight-up strange.

In response to a FOIA request for their records pertaining to the Bradley Manning Support Network, INSCOM sent the out a letter informing the requesters that their request had been forwarded to the United States Army Criminal Investigation Division for processing. When the requesters followed up, seeking information as to whether INSCOM was still processing the request, they met up with brief resistance before Elaine Rogic informed the requesters:

Per DOD instruction, all inquiries relating to this matter must be forwarded to the U.S. Army Crime Records Center (CRC).  I am unable to answer your inquiry and recommend that you direct your inquiry to CRC.

Further inquiry by the requesters was ignored including a request for clarification as to whether or not INSCOM was invoking FOIA. Administrative appeals have been submitted.

In short, the Bradley Manning Support Network appears to be something special if INSCOM is unable to answer whether or not it has responsive records or even invoke Glomar by itself.

Below is the relevant email exchange provided to the Historiographic Anarchy by the requester.

INSCOM- BMSN Record

U.S. Army CID Targets Bradley Manning Support Network

In response to a FOIA request, the United States Army Criminal Investigative Division announced that it was engaged in “an active investigation … in progress with an undetermined completion date,” of the Bradley Manning Support Network. As a consequence of this investigation, the Army CID would not release any material responsive to FOIA requests at this time.

The US Army CID has invoked (b)(7)(f) to justify, in part, their denial. This means that US Army CID believes that release of these records will risk the physical well-being of individuals involved with the case.

With WikiLeaks records being withheld, in part, on (b)(7)(f) exemptions grounds, it seems that Army CID has decided that both WikiLeaks supporters and members of allied organizations are a threat to commit physical violence either against investigators or those who cooperate with the investigations.

Army CID- Bradley Manning Support Network Letter

US Army CID Implies WikiLeaks is a "Physical Threat," Under Investigation

Citing “an active investigation … in progress with an undetermined completion date,” the United States Army Criminal Investigation Division refuses further releases of that agency's WikiLeaks-related material. In contrast to two previous FOIA requests <here and here> which were promptly answered with released documents featuring limited redaction, this policy shift represents a wholesale end to WikiLeaks releases for the indeterminate future.

Possibly more interesting than the denial of records itself is that US Army CID invoked (b)(7)(f) as a justifying exemption. Under the (b)(7)(f) exemption, records can be withheld if their release “could reasonably be expected to endanger the life or physical safety of any individual.” With the use of the (b)(7)(f) exemption, US Army CID is implicitly stating that WikiLeaks members pose an active, physical threat to those investigating WikiLeaks and/or those cooperating with the investigation.

Army CID WikiLeaks Letter

WikiLeaks is Not a FBI Target, Says DOJ, FBI

After receiving a ”no records” response from the FBI in reply to a FOIA request I had submitted for FBI records pertaining to WikiLeaks, I had an appeal submitted to the Department of Justice's Office of Information Policy. Below is the DOJ's reply:

DOJ Response to an Appeal for Wikileaks Records

The DOJ states that there are no FBI WikiLeaks files and this means that the FBI has never targeted WikiLeaks as an organization.

I suspect that the FBI has filed WikiLeaks material away in the files of individuals such as Julian Assange, Bradley Manning, and other prominent WikiLeaks figures. By doing so, it keeps the material out of the hands of the general public and media because the FBI can invoke b(6), b(7) exemptions to Glomar (i.e. neither confirm, nor deny the existence) the material unless the individual submits a Privacy Act request, dies, or is convinced to sign a waiver and allow a third party to acquire material. In short, it might be 50 years before WikiLeaks material is available to the general public through FOIA or Mandatory Declassification Review requests. 

I also think that lesser amounts of WikiLeaks material might be obtainable through FOIAing for information on attacks done by Anonymous on behalf of WikiLeaks.