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GAO-01-737R 1 (2001-06-12)

handle is hein.gao/gaobaaltg0001 and id is 1 raw text is: 


   I


       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548


         June 12, 2001

         The Honorable Edward J. Markey
         House of Representatives
         Subject: DOD Officials Acted in Accordance With Executive Order for Addressing

                  Security Classification Concerns

         Dear Mr. Markey:

         This letter responds to your request that we investigate whether the Department of
         Defense (DOD) misused the security classification process to stifle public discussion
         of possible problems with the National Missile Defense system. Your concern was
         the result of events that started with a May 11, 2000, letter that Dr. Theodore Postol,
         Professor of Science, Technology, and National Security Policy, Massachusetts
         Institute of Technology, wrote to John Podesta, the then White House Chief of Staff.
         That letter alleged scientific fraud by contractors involved in developing the National
         Missile Defense system for DOD's Ballistic Missile Defense Organization (BMDO) and
         included Dr. Postol's analysis of public data on the National Missile Defense system
         and extracts from documents he used to reach his conclusion. When Dr. Postol
         learned unofficially that BMDO was classifying his May 11 letter, he wrote a second
         letter to Mr. Podesta, dated May 19, 2000, in which he complained that the
         classification was an attempt to restrict his public exposure of scientific fraud. A
         third letter from Dr. Postol to Mr. Podesta dated June 21, 2000, described how three
         Defense Security Service investigators made an unscheduled visit to his office in
         what he characterized as an attempt to intimidate him and violate his First
         Amendment rights. Dr. Postol said they told him that DOD was concerned that some
         of the information contained in the May 11 letter was classified.

         We conducted our investigation between July and September 2000 in accordance
         with investigative standards established by the President's Council on Integrity and
         Efficiency. We reviewed pertinent documentation and interviewed Dr. Postol
         and representatives of BMDO and Department of Justice. We also interviewed
         representatives of DOD's Office of the Inspector General; Defense Criminal
         Investigative Service; Office of Command, Control, Communications, and
         Intelligence; and Defense Security Service. We briefed your office on the results of
         our investigation. In addition, we are currently conducting a separate review of the
         allegations concerning scientific fraud.

         In brief, DOD's actions included performing a security classification review and
         determining that portions of the documentation enclosed with Dr. Postol's


GAO-01-737R DOD Security Classification

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