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NAS has still not provided any legal justification
for its decision to withhold and sequester
FBI-submitted documents related to
the NAS review of the FBI’s anthrax science
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LMW 10/30/09 email to the Deputy Executive Director &
Director of Media Relations, Office of News & Public Information
National Academy of Sciences
On September 4, 2009, you emailed me as follows …
“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 already in that file and I’ll ask someone from public access to send you link to list. However, the FBI case documents periodically being given to the committee will not go in the public access file until the end of the study.”
I have been asking you for the past two months to provide legal authority for the decision to sequester and withhold FBI-submitted documents until the end of the study. You have indicated twice that you had referred the matter to NAS counsel.
Now we have the NAS/FBI contract document, which provides no legal justification for withholding the FBI-submitted documents until the end of the study or for failing to provide the specific exemptions for any documents NAS is currently withholding.
Could you please provide an update on current NAS intentions by answering the following questions …
Temporarily withholding FBI-submitted documents until the end of the study.
- Does NAS still plan to withhold some or all FBI-submitted documents until the end of the study?
- If so, will NAS provide a list of withheld FBI-submitted documents?
- If NAS is planning to withhold some or all FBI-submitted documents until the end of the study but release them at that time, what legal authority does NAS cite for doing so?
Permanently withholding access to FBI-submitted documents.
- Will NAS provide a list of any FBI-submitted documents which NAS is intending to permanently restrict from access, indicating in each case the specific exemption which is being cited to justify that action?
Thanks for your assistance in this matter.
LEW
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CASE CLOSED ... what really happened in the 2001 anthrax attacks? 