Court allows CIA to keep Cuba invasion document secret

May 21, 2014 by Ian Allen

By IAN ALLEN | intelNews.org

The United States Central Intelligence Agency has successfully defended itself against a lawsuit that sought the release of a secret document detailing the failed Bay of Pigs Invasion. On April 17, 1961, a brigade of 1,300 CIA-funded and -trained anticommunist Cubans mounted a surprise assault on the Caribbean island. The failure of the operation prompted the CIA to produce a multi-volume report, whose fifth and final part was authored in the early 1980s by CIA resident-historian Jack Pfeiffer. The first four volumes of the history of the Invasion have been released to the public, one voluntarily by the CIA and three through Freedom of Information Act requests. George Washington University’s National Security Archive sued the CIA in 2011, eventually forcing the Agency to declassify Volumes I, II and IV of the report. This left Volume V, which is the subject of an ongoing dispute between historians and the CIA, going back to 2005. On Tuesday, the US Court of Appeals for the Circuit of the District of Columbia ruled in a split 2-1 decision that the CIA had the right to maintain the secrecy of the entire fifth volume of the report. The two judges that ruled in favor of the CIA’s position, Brett Kavanaugh and Stephen Williams, argued that the volume in question had been “rejected for inclusion in the final publication” of the CIA report. As such, it was not a finished product, but rather a draft manuscript and was therefore not subject to US declassification rules under the Freedom of Information Act. The judges added that, since the document was “predecisional and deliberative” in character, it should be granted the so-called “deliberative process privilege”. This clause stipulates that the authors of deliberative documents are entitled to concrete and long-lasting assurances that the draft documents they are producing will remain secret. This, said the two judges, would allow the authors to advise those who commission their work freely and candidly. On the other hand, the dissenting judge, Judith Rogers, pointed out that the CIA had not clearly shown that its decision-making capacities would be adversely affected by the public release of what she described as a “historical volume”. She added that the CIA had previously expressed assurances that the so-called “Volume V” expressed nothing more than the view of Jack Pfeiffer, the historian who authored it. It is believed that the National Security Archive, which brought the lawsuit against the CIA, is now considering petitioning the US Supreme Court to hear the case.