Identifies Hundreds of Pages of Responsive Records, Claims Overwhelming Majority Remain Classified to This Day

(Washington, DC) – Judicial Watch announced today that through the Freedom of Information Act (FOIA), after almost 19 years, the Department of Defense produced 62 pages of records out of hundreds of previously withheld documents regarding the U.S. intelligence program “Operation Able Danger.” The Defense Department identified hundreds of pages of responsive records but withheld them, claiming the overwhelming majority are still classified to this day.

Able Danger was formed in 1999. It compiled publicly available information regarding al Qaeda and other targets.

In August 2005 interviews, Tom Fitton, president of Judicial Watch, and other experts reported that the operation identified four future September 11, 2001, hijackers as al Qaeda members in the United States well before the attacks.

The Senate Intelligence Committee began its investigation of the program in August 2005. In September 2005, the Senate Judiciary Committee conducted a hearing on Able Danger, however, members of the data-mining team were blocked from testifying.

In December 2005, Judicial Watch submitted a FOIA request to Defense Department for related records, as well as information on “U.S. intelligence, law enforcement and/or counterterrorism projects and/or programs utilizing data mining software/techniques to search open-source records in the public domain.”

The Defense Department response on August 24 from U.S. Special Operations Command identifies hundreds of pages of responsive records but claims the overwhelming majority are still classified and, over 20 years later, remain exempted from disclosure:

[S]pecifically, Sections 1.4(a), military plans, weapon systems, or operations; 1.4(c), intelligence activities (including covert actions), intelligence sources or methods, or Cryptology; 1.4(g), vulnerabilities or capabilities of systems, installations, projects, plans, or protection services relating to the national security; and Section 1.7(e), for compilation of items of information that are individually unclassified, but may be classified if the compiled information reveals an additional association or relationship.

The records obtained by Judicial Watch include an unredacted, declassified Top Secret/SCI record contains a 17-page listing of unclassified, open-source internet resources listing websites and URLs for topics such as terrorism news stories; Office of the Coordinator of Counterterrorism; and “Albanian Terrorism in Kosovo,” among many others. Across the bottom of page three of the lists of open-source records is a statement: “Began to understand the status of ongoing efforts!” The author of the exclamation is not identified.

Small passages of what seem to be declassified Top Secret/SCI analytical reports (unnamed and undated) feature commentary such as:

Arab countries in North Africa especially, Algeria, Tunisia, Morrocco, Libya, Egypt, and almost all other Arab countries have been annoyed for the high profile of Osama bin Laden first in Pakistan and later in Afghanistan especially, when he publicly claims that he trains Arab fundamentalists to overthrow most of Arab regimes in the Middle East.

The records also cite journalist Jason Burke’s December 1998 reporting that Osama bin Laden decided to get into drug trafficking as a new weapon and approached (through intermediaries) major opium and heroin dealers, as well as major landowners in the opium-growing districts of Afghanistan, and offered to buy all of the opium they grow.

Drug trafficking was also featured in an undated/unsourced, declassified TOP SECRET/SCI record that stated:

In fact, heroin is the major source of income for the Taleban [sic] government that has seized power in Afghanistan. It is not the Taleban government alone; heroin is also a major source of earning for the Inter Service Intelligence ISI of Pakistan, which has been providing support and assistance for the Taleban government which has seized power in Afghanistan. The lion’s share of the funds earned through heroin smuggling is spent on intelligence service and also on subversive activities carried out by the ISI in neighboring countries.

Another undated/unsourced excerpt states:

Opium is traded at large bazaars in Afghanistan that are the treacherous domain of criminal syndicates. One of the more notorious is located in the town of Sangin, a three-hour drive west of the Taliban capital of Kandahar. ‘Sangin is known as a dangerous place,’ says Bernard Frahl, head of the U.N. drug-agency office in Islamabad, who visited the market town in October. “It is known for people going in and not coming out.” Of about 500 shopkeepers crowded along one main street, and two or three footpaths off it, he says, almost half sell opium.

The records produced to Judicial Watch include the homepage of a Swedish construction firm and what appears to be a worker complaint from someone employed in Saudi Arabia.

“It shouldn’t take two decades to decide that the American people can’t see documents about a military investigation that could have prevented 9/11. What an insult to the American people and the victims of 9/11,” said Judicial Watch President Tom Fitton.

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