Obama Administration Admits Information Released to Zero Dark Thirty Filmmakers Might Pose an 'Unnecessary Security and Counterintelligence Risk' if Publicly Disclosed

Sworn Declarations From Obama Administration Officials Call Into Question Obama White House Claim: 'We Do Not Discuss Classified Information'

Marketwired

WASHINGTON, DC--(Marketwire - Nov 15, 2012) -  Judicial Watch announced today that Obama administration officials disclosed in sworn court documents that sensitive information released to the filmmakers for the upcoming film on the bin Laden raid,  Zero Dark Thirty, could cause an "unnecessary security and counterintelligence risk" if released to the public. The admissions, made during the course of Judicial Watch Freedom of Information Act (FOIA) lawsuit seeking records pertaining to cooperation between Obama administration officials and director Kathryn Bigelow and screenwriter Mark Boal in preparation for the film, raises questions about the public statement to reporters by Obama White House spokesman Jay Carney regarding the controversy: "We do not discuss classified information." The government claims that the information shared is not necessarily classified "in isolation."

"The government cannot have it both ways in this case," Judicial Watch argued in a countermotion for summary judgment filed with the court on November 12, 2012. "If this information were very sensitive, it would not have been shared with the filmmakers. Since the government did share the information with the filmmakers, the court should conclude that it is necessarily not sensitive... Assisting to make a movie about government accomplishments is not a necessary or important governmental function. If it were, the term for it would be political propaganda." 

JW previously obtained records from the Department of Defense (DOD) and the CIA regarding meetings and communications between government agencies and Kathryn Bigelow, the Academy Award-winning director of The Hurt Locker, and screenwriter Mark Boal in preparation for Zero Dark Thirty. According to the records, the Obama administration sought to have "high visibility" into bin Laden related projects, and granted Boal and Bigelow unusual access to agency information in preparation for their film, now scheduled for release in mid-December. The disclosures made to the filmmakers are now part of an investigation by the DOD Inspector General.

The DOD and the CIA have continued to withhold information concerning the names of five CIA and military operatives involved in the bin Laden operation, which were shared with the filmmakers. Judicial Watch has identified the precise emails containing the information it wishes to obtain, and in sworn declarations Obama administration officials conceded that this information was provided to Bigelow and Boal.

Mark Herrington, Associate Deputy General Counsel, testified that the military officers' "identities would be threatened" if publicly disclosed but admitted that Under Secretary of Defense Mike Vickers released one of the names to Mark Boal.

According to sworn testimony from CIA Information Review Officer Martha Lutz, releasing of this type of information could provide an "unnecessary security and counterintelligence risk":

Nonetheless, I can represent to the Court that the absolute protection for officers' identities that Congress provided in the CIA Act is extremely important to the functioning of the Agency and the safety and security of its employees. This is true even for the identities of officers who are not undercover, and it is also true with respect to the first names of undercover officers. While such identifying information may not be classified in isolation, the widespread public release of this information creates an unnecessary security and counterintelligence risk for the Agency and its officers.

In its brief seeking to deny Judicial Watch access to the names of the CIA operatives, the government asserts that it had protected the operatives' confidentiality by asking the filmmakers not to share the names. In its cross motion, however, JW responds that the government has provided no evidence that it asked the filmmakers to sign a non-disclosure agreement, or any other contract that would prevent them from sharing the names as required under law. In addition, the government has provided no evidence that either Boal or Bigelow underwent background checks or received security clearances before being provided the information the DOD and CIA now claim is too sensitive for public disclosure. 

"The Obama administration now confirms to a federal court that it released sensitive information to help with a film that was set to portray Barack Obama as 'gutsy.' If this is true, then the Obama administration was lying to the American people when it said the leaks were no big deal," said Judicial Watch President Tom Fitton. "The public has a right to get to the bottom of this scandal and the Obama administration should comply with the open records law and disclose the names that were leaked."

Judicial Watch initially launched its investigation of the filmmakers' meetings with the Obama administration following press reports suggesting that the Obama administration may have leaked classified information to the director as source material for Bigelow's film.

In August 2011, New York Times columnist Maureen Dowd wrote that the information leak was originally designed to help the Obama 2012 presidential reelection campaign: "The White House is also counting on the Kathryn Bigelow and Mark Boal big-screen version of the killing of Bin Laden to counter Obama's growing reputation as ineffectual. The Sony film by the Oscar-winning pair who made 'The Hurt Locker' will no doubt reflect the president's cool, gutsy decision against shaky odds."

Judicial Watch's counter motion for summary judgment, filed in the United States District Court for the District of Colombia, petitions the court for an oral hearing on the opposing motions.

Visit www.judicialwatch.org.

Contact:

Jill Farrell
202-646-5188

Rates

View Comments (0)

Recommended for You

  • Billionaire Investor Says Chinese People Work Harder And Western Companies Could Face Deep Trouble After Alibaba IPO

    Michael Moritz, the chairman of VC firm Sequoia Capital, is a huge fan of Chinese internet companies and reiterated his enthusiasm for the Chinese market in an interview with The Wall Street Journal Wednesday. The billionaire investor described the Alibaba IPO as a “major landmark event” that is as…

    Business Insider
  • 1 Tip To Lose Belly Fat

    It's Hollywood's Hottest Diet And Gets Rid Of Stubborn Fat Areas Like Nothing Else.

    AdChoicesagoodcooksSponsored
  • Tycoon buys 30 Rolls-Royces for Macau hotel

    A Hong Kong tycoon has placed the biggest ever order for Rolls-Royce cars, agreeing to buy 30 Phantoms to chauffeur guests at a luxury resort he's building in the global gambling capital of Macau. Stephen Hung's $20 million purchase surpasses the 14 Phantoms bought by Hong Kong's Peninsula Hotel in…

    Associated Press
  • Before You Buy Alibaba, Check Out 4 Top China Stocks

    Before You Buy Alibaba, Check Out 4 Top China Stocks While investors gear up for Alibaba Group 's (BABA) hotly anticipated initial public offering, don't forget about other Chinese stocks that are worth keeping an eye on. Today's Young Guns Screen of

    Investor's Business Daily
  • Play

    Citi, Bank of America Offer Discounted Mortgages

    Citigroup and Bank of America will offer mortgages at discounted interest rates to help borrowers with low incomes or subprime credit. AnnaMaria Andriotis joins MoneyBeat. Photo: Getty.

    WSJ Live
  • Only 4 states will see cuts to food stamps

    Cuts to the nation's food stamp program enacted this year are only affecting four states, far from the sweeping overhaul that Republicans had pushed, an Associated Press review has found. As a result, it's unclear whether the law will realize the estimated $8.6 billion in savings over 10 years that…

    Associated Press
  • "The Retiree Next Door": How successful retirees stretch their savings

    "The Retiree Next Door": How successful retirees stretch their savingsBy the time she hit her late 40s, Toni Eugenia wasn’t sure she would ever be able to retire. Eugenia, 56, a pharmacy technician who lived in Houston, was nearly $200,000 in debt and

    Yahoo Finance40 mins ago
  • SHOE COMPANY: Our CEO Just Disappeared And Most Of The Money Is Gone

    "and like that: he's gone." This is an actual headline from a company press release: "CEO and COO disappeared, most of the company's cash missing." (Via FastFT) In a statement, German-based shoe company Ultrasonic said its CFO,  Chi Kwong Clifford Chan, has been unable to reach the company's CEO,…

    Business Insider
  • Best Womens Wrinkle Creams 2014

    Mom reveals simple wrinkle solution that has researchers very excited. Try this free solution today to look and feel years younger.

    AdChoicesBellaLabs.comSponsored
  • Margaritaville casino owners seek bankruptcy

    The owner of Biloxi's Margaritaville casino has filed for Chapter 11 bankruptcy protection Tuesday, only hours before a hearing where the landlord aimed to seize the property. The filing by MVB Holding LLC in U.S. Don Dornan, a lawyer for landlord Clay Point LLC, said the company had planned to ask…

    Associated Press
  • Apple to unveil new iPads, operating system on Oct. 21 : report

    The company plans to unveil the sixth generation of its iPad and the third edition of the iPad mini, as well as its operating system OS X Yosemite, which has undergone a complete visual overhaul, the Internet news website said. Trudy Muller, a spokeswoman for Apple, declined to comment. The iPad is…

    Reuters
  • Here's What Mark Cuban Wishes He Knew About Money In His 20s

    Cuban is the owner of the Dallas Mavericks basketball team. Billionaire investor and entrepreneur Mark Cuban is generous with his advice. When we asked him what he wishes he'd known about money in his 20s, he said:

    Business Insider
  • Gold loses luster on Fed; Barclays cuts forecast

    Barclays cuts gold forecasts, sees increasingly bearish backdrop Bloomberg MA MB MC MD ME SAN FRANCISCO (MarketWatch) — Gold prices dipped Wednesday on concerns about a stronger dollar ahead of the Federal Reserve policy statement and in response to Barclays lowering its gold forecast.

    MarketWatch
  • Embraer to sell 50 E-175 jets to Republic in $2.1 billion deal

    Brazil's Embraer SA, the world's third largest commercial planemaker, said on Wednesday it booked a firm order from U.S. The deal, which will be included in Embraer's order book for the third quarter, is valued at $2.1 billion, the planemaker said in a securities filing. The planes will be operated…

    Reuters
  • Top Analyst Upgrades and Downgrades: AEP, BHP, GE, Incyte, 3M, Tyco, Under Armour and More

    Top Analyst Upgrades and Downgrades: AEP, BHP, GE, Incyte, 3M, Tyco, Under Armour and More Stocks were firm on Wednesday morning ahead of the FOMC meeting outcome. Tuesday’s rally may have sparked higher interest again, and investors are looking for bargains

    24/7 Wall St.
  • Tired of Living Paycheck to Paycheck?

    New website reveals how to save $1,000's when you're living paycheck to paycheck. See exactly how.

    AdChoices Media ForceSponsored
  • Play

    What the Fed Meeting Means for Bonds

    Janet Yellen & Co. are expected to hint at their timetable for raising interest rates. Here's how investors should prepare ahead of the meeting.

    WSJ Live
  • Boeing may have outfoxed Musk, but it could have bigger problems

    Elon Musk is arguably one of the greatest entrepreneurial minds of the 21st Century, but he was outsized an old school aerospace giant. Boeing won the bulk of NASA’s contract for a space taxi.  One of the other companies vying for the deal is SpaceX, the company headed by Tesla’s Musk, will get a…

    Talking Numbers
  • Romney-Sized IRAs Scrutinized as Government Studies Taxes

    The preliminary report attaches data to an issue that drew attention during the 2012 presidential campaign, when Republican nominee Mitt Romney reported an IRA worth $20 million to $102 million. Senate Finance Committee Chairman Ron Wyden said many of these "massive" accounts come from deals…

    Bloomberg
  • The Government Keeps Helping People Buy Failing Cold Stone Creamerys

    Would you loan someone money to buy a Cold Stone Creamery franchise if you knew that more than a quarter of those loans default? Over the last decade, franchisees in the Cold Stone Creamery ice cream chain defaulted on 29 percent of working-capital loans backed by the government, costing taxpayers…

    BusinessWeek
  • Facebook Is Hiding Important Information From Investors

    Facebook Is Hiding Important Information From Investors Facebook.com/sheryl On July 23, when Facebook reported its earnings for the second quarter, the company stunned everyone. Revenues were $2.68 billion, up 67% from the same quarter during the year

    Business Insider
  • Big Minnesota insurer leaves Obamacare site

    The "Blue Ox" of Minnesota Obamacare is calling it quits. PreferredOne, the insurer that sold nearly 60 percent of all private health plans on Minnesota's Obamacare exchange, on Tuesday said it would leave that marketplace. PreferredOne's plans were the lowest-cost options on that exchange, known…

    CNBC
  • The New 2015 Sonata®: A Step Above the Competition

    There's a Sonata® that's perfect for you, and this is your chance to build it! Visit the Hyundai® Official Site to customize your 2015 Sonata® today!

    AdChoicesHyundaiSponsored
  • Top Analyst Upgrades and Downgrades: Arch Coal, Coca-Cola, Duke Energy, Microsoft, Oracle, Visa and More

    Top Analyst Upgrades and Downgrades: Arch Coal, Coca-Cola, Duke Energy, Microsoft, Oracle, Visa and More Stocks were soft on Tuesday after mixed fanfare on Monday. Investors are still looking for opportunities now that some stocks have pulled back. 24

    24/7 Wall St.