Another significant fact is that, per the DOJ March 12 letter, "all of the information " is classified." The proper purpose of classification is to prevent disclosure of information when national security could be harmed as a result. Clearly, national security could be harmed by exposure/disruption of an investigation into an international nuclear black market network facilitated by high-level US officials.
However, Edmonds has said that "by the end of January 2002" the investigation was shut down. Those implicated have long been aware of the investigation, and the passage of time has also reduced the sensitivity of this information. More than ten years later, there have been no arrests or indictments, let alone trials. No public information indicates that any part of the US government -- executive office or agency, Congress or court -- is working to establish accountability.
Based on Edmonds' 2009 testimony and other public statements, it may be the claims about the need to protect "national security", "diplomatic relations" and "state secrets" are an attempt to conceal threats to national security, to protect a corrupt system and powerful, well-connected corrupt entities, and to cover up associated crimes. Assuming Edmonds' allegations are factual, this cover up is itself is potentially criminal and also a national security concern, in addition to the other crimes and the failure of the US government to hold those involved accountable. It seems likely the national security interests of the US republic would be better served, at this point, by public hearings, testimony under oath and disclosure of records, than by silence and continued suppression of information pertaining to this file.
DOJ confirmation of FBI File 203A-WF-210023 aids disclosure efforts
Finally, DOJ's March 12 acknowledgment is significant is because it will aid efforts to compel disclosure of records pertaining to FBI File 203A-WF-210023, which, in turn, may help to establish truth and justice. OIP's referral of the information to the DRC is standard practice, and a useful step forward 28 CFR - 17.14(a)(2)(2010) PDF. It's possible that with a level of oversight above the FBI, some or all of the information in this file will be declassified in the near future. However, considering the DOJ's track record concerning transparency and accountability, there isn't much reason to have hope here.
As the FOIA requester, my options at this point are: 1) Wait for DRC to finish its review, which could be sooner or later. 2) Sue for release of the records. This is unlikely to be productive, as federal judges tend to defer to the government in matters concerning national security, and doing so while DRC is reviewing the file would be premature. 3) Cancel this FOIA-triggered review and request a "mandatory declassification review' (MDR) by the FBI. Cancellation would be necessary because a single requester isn't permitted to request records under both FOIA and MDR at the same time.
The National Security Archive at GWU recommends the MDR process when classified information is involved, as it provides for appeal to the National Archives' Interagency Security Classification Appeals Panel (ISCAP). Excepting the US president, ISCAP is the final authority on classification, and it has a much better track record on declassification than agencies or courts. According to the 2010 annual report (PDF) of the Information Security Oversight Office (ISOO) (ISCAP's parent organization), during the 1996-2010 period, 63% of pages pertaining to MDR appeals were declassified in their entirety, 29% were declassified in part, and only 8% were denied.
I decided to go with option 1) above, as other researchers have now filed requests for MDR of FBI File 203A-WF-210023. A helpful person at ISOO informed me that these two processes do not conflict when initiated by different individuals or organizations, and may facilitate each other. The DRC referral may mean the FBI has already done a declass review in response to my FOIA request; if so, FBI may simply deny these MDR requests outright, as agencies are only obligated to do a review every two years, in response to requests from the public. Any denial by FBI can be appealed to DRC, by which time it may have completed some or all of the FOIA-triggered review. Any denial by DRC can be appealed to ISCAP. And, if FBI fails to respond to these MDR requests in a year, or if DRC fails to respond in 180 days, appeals can be made directly to ISCAP. See here for more info on MDR appeals.
There's no telling when ISCAP will finish its review, and no guarantee that anything will be declassified. If ISCAP does not declassify the information in this file, the only authority above it is the US president. There's no formal process by which members of the public can appeal to the president, but any agency representative on ISCAP's panel (DOJ has one) has the option of appealing to the president to overrule any ISCAP panel decision on declassification. The FBI will also have an opportunity, prior to release of any declassified information, to review it again and apply FOI/PA exemptions.
Conclusion
While disclosure's important, it isn't needed to know what needs to be done about FBI File 203A-WF-210023. The decade-long suppression of information concerning this investigation -- aided and abetted by Establishment politicians, appointees, bureaucrats and media -- is reason enough to withdraw support from them, and to support alternatives. But, this is just one of many examples of how the legitimacy of the US Establishment has been undermined by its own corruption. If the US is to be a republic in more than name only, the people need to check the concentration of power in the hands of those who would be unaccountable. Hopefully, the people will act before some loose nuke comes home to roost. Considering that Establishment politicians and media used, and continue to use, 9/11 as justification for foreign interventions and a domestic security state, it can be expected that a nuclear attack would likewise be used as a pretext for further militarism and erosion of liberty.
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