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Context of 'October 2003: Justice Department Redacts Report on Its Own Record of Racial Diversity, Hides Own Failings'

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The Justice Department posts on its Web site a heavily redacted copy of a report it had commissioned about its own record of racial diversity in the workplace. Half of the report’s 186 pages are censored, including the summary and conclusions. Russ Kick, the author and First Amendment activist who maintains the Web site “The Memory Hole,” downloads the report and realizes that he can digitally remove the redaction lines to read the report in its entirety. When he does so, he realizes that most of the redactions are to hide reports from minority lawyers at the department, who have filed numerous complaints claiming work conditions rife with “stereotyping, harassment, and racial tension.” When Kick posts the unredacted version of the Justice Department document, civil rights experts and Congressional Democrats accuse the department of trying to hide its findings to avoid culpability and negative publicity. But the department claims that the portions of the report that were redacted, including the conclusions, were “deliberative and predecisional,” and therefore legal to exclude under the Freedom of Information Act. [Russ Kick, 10/21/2003; Savage, 2007, pp. 105]

Entity Tags: US Department of Justice, Russ Kick

Timeline Tags: Civil Liberties

A military photo of a flag-draped casket.A military photo of a flag-draped casket. [Source: The Memory Hole]Russ Kick, an author and owner of “The Memory Hole,” a Web site dedicated to presenting information it thinks the government does not want revealed, receives a CD from the US military containing 361 photographs of flag-draped coffins returning to the US from overseas postings—mostly Iraq—through Dover Air Force Base. Kick had filed a Freedom of Information Act (FOIA) request in October 2003 for photos of coffins at the base, had been rejected, and had appealed. He is surprised to actually receive the photos. None of the photos contain personally identifying information, and most depict row after row of coffins strapped down in the holds of transport planes. Kick immediately posts the photographs on his Web site, writing, “Score one for freedom of information and the public’s right to know.” The Bush administration immediately orders the Pentagon to conceal such photographs in the future, citing the soldiers’ families’ right to privacy, even though the photographs reveal no personal information about the soldiers. Representative Jim McDermott (D-WA), a former Navy officer, says: “This is not about privacy. This is about trying to keep the country from facing the reality of war.” [Russ Kick, 4/2004; Savage, 2007, pp. 105-106] In 2004, a contractor will be fired for releasing a photo of flag-draped coffins to the press (see April 18, 2004 and After). In 2009, the Obama administration will reverse the Pentagon policy and allow photographs to be published (see February 26, 2009).

Entity Tags: Russ Kick, Bush administration (43), Jim McDermott, US Department of Defense

Timeline Tags: US Military

The Justice Department’s Office of Professional Responsibility (OPR) begins an investigation of the department’s lawyers who signed off on the Bush administration’s torture policies, in particular John Yoo (see Late September 2001 and January 9, 2002), Jay Bybee (see August 1, 2002 and August 1, 2002), and Steven Bradbury (see May 10, 2005, June 23, 2005 and July 2007). The OPR investigation will determine whether these lawyers shirked their professional responsibilities in deciding that particular torture techniques were, in fact, legal; if that conclusion is reached, then prosecutors could make the case that the lawyers knowingly broke the law. Today, the press learns that the OPR has obtained archived e-mail messages from the time when the memorandums were being drafted. Senator Russ Feingold (D-WI) has urged President Obama “not to rule out prosecutions of those who implemented the program” until the OPR report, along with a long-awaited report by the Senate Intelligence Committee (see April 21, 2009), become available. Former Bush White House lawyer Bradford Berenson says he has seen a surge in “anxiety and anger” among his former colleagues, and says they should not be investigated. [New York Times, 4/22/2009] The Justice Department will refuse to bring sanctions against Yoo, Bybee, and Bradbury (see February 2010).

Entity Tags: Office of Professional Responsibility, Bradford Berenson, Barack Obama, Bush administration (43), John C. Yoo, Russell D. Feingold, Senate Intelligence Committee, US Department of Justice, Steven Bradbury, Jay S. Bybee

Timeline Tags: Torture of US Captives

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