* the NAS has sequestered FBI submitted documents and will not make these available until the end of the study, over a year hence … the legal rationale for this sequestering is now expected next week.

* buy CASE CLOSED at amazon *

NOTE: for subsequent conversations between NAS and LMW, see related post … * new NAS response asserts that “much” of the FBI material it has received is exempt from FOIA disclosure, but fails to cite specific legal authority for such exemption; is this a wilful breach of NAS’s responsibility under FOIA?

LMW COMMENT (9/6/09) …

I’m actuallyimpressed with this answer on the Sunday of Labor Day weekend. There is no question in my mind that the NAS information office is being as responsive as they can. Now we’ll see what the NAS legal department has to say, and when.

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UPDATE … NAS to LMW (9/6/09) …

I was out sick Friday and now it’s Labor Day weekend. I’ve asked our general counsel for the legal language you requested but I don’t know if I’ll have it for you before Tuesday.

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UPDATE … LMW to NAS (9/6/09) …

BILL

Up until now, you have always answered my emails with hours, indeed minutes. But now it is several days and no answer.

The mystery over he missing FBI documentrs is beginning to cast doubts over the legitimacy of the NAS/FBI relationship. Could you please address the legal authority you claim to sequester the FBI documents when it seems that all documents received by the committee should have been available for public disclosure.

The failure to disclose the contract between NAS and the FBI contributes to the growing skepticism.

Thank you for your assistance in this matter.

LEW

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UPDATE … LMW email to NAS (9/4/09) …

BILL

I wonder if you could explain what seems on the face of it to be an inconsistency. If material received by the committee is supposed to go into a public access file, why is material from the FBI excluded from that requirement. What is your lawful authority to sequester the FBI-provided material?

LEW

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UPDATE 9/4/09 … RESPONSE FROM MR. KEARNEY …

Lew, the NAS is a nonprofit private institution that operates under a congressional charter and the Section 15 of the Federal Advisory Committee Act which requires that material presented to our committees as part of their data gathering go in our Public Access Office files. Some material given to the anthrax committee is aleady in that file and I’ll ask someone from public access to send you link to list. However, the FBI case documents periodically being givenp to the committee will not go in the public access file until the end of the study. Fyi. The next committee meeting will be Sept 24-25 and an agenda should be available in our current projects database late next week or so. Sorry, I don’t have urls handy because I’m out of office today.

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The following email was sent to our NAS contact (9/4/09) …

BILL

Many of us at the CASE CLOSED blog followed the opening hearings of the NAS study panel with great interest. The questions asked by panel members suggested that the study is off on exactly the right foot. There have since been reports of documernts received by the NAS panel, which documents are preumably now being reviewed. My question is whether these documents can now be made available, and if so, what is the procedure (FOIA?) for requesting them. Thanks again for your help in this matter of such great interest and importance to our country.

LEW