REPUBLIKA.CO.ID, WASHINGTON - The nation's top special operations commander ordered military files about the Navy SEAL raid on Osama bin Laden's hideout to be purged from Defense Department computers and sent to the CIA, where they could be more easily shielded from ever being made public.
The secret move, described briefly in a draft report by the Pentagon's inspector general, set off no alarms within the Obama administration even though it appears to have sidestepped federal rules and perhaps also the Freedom of Information Act.
An acknowledgement by Adm. William McRaven of his actions was quietly removed from the final version of an inspector general's report published weeks ago. A spokesman for the admiral declined to comment. The CIA, noting that the bin Laden mission was overseen by then-CIA Director Leon Panetta before he became defense secretary, said that the SEALs were effectively assigned to work temporarily for the CIA, which has presidential authority to conduct covert operations.
"Documents related to the raid were handled in a manner consistent with the fact that the operation was conducted under the direction of the CIA director," agency spokesman Preston Golson said in an emailed statement. "Records of a CIA operation such as the (bin Laden) raid, which were created during the conduct of the operation by persons acting under the authority of the CIA Director, are CIA records."
Golson said it is "absolutely false" that records were moved to the CIA to avoid the legal requirements of the Freedom of Information Act.
The records transfer was part of an effort by McRaven to protect the names of the personnel involved in the raid, according to the inspector general's draft report.
But secretly moving the records allowed the Pentagon to tell The Associated Press that it couldn't find any documents inside the Defense Department that AP had requested more than two years ago, and could represent a new strategy for the US government to shield even its most sensitive activities from public scrutiny.
Under federal rules, transferring government records from one executive agency to another must be approved in writing by the National Archives and Records Administration. There are limited circumstances when prior approval is not required, such as when the records are moved between two components of the same executive department. The CIA and Special Operations Command are not part of the same department.
The refusal to make available authoritative or contemporaneous records about the bin Laden mission means that the only official accounts of the mission come from US officials who have described details of the raid in speeches, interviews and television appearances. In the days after bin Laden's death, the White House provided conflicting versions of events, falsely saying bin Laden was armed and even firing at the SEALs, misidentifying which of bin Laden's sons was killed and incorrectly saying bin Laden's wife died in the shootout. Obama's press secretary attributed the errors to the "fog of combat."
A US judge and a federal appeals court previously sided with the CIA in a lawsuit over publishing more than 50 "post-mortem" photos and video recordings of bin Laden's corpse. In the case, brought by Judicial Watch, a conservative watchdog group, the CIA did not say the images were operational files to keep them secret. It argued successfully that the photos and videos must be withheld from the public to avoid inciting violence against Americans overseas and compromising secret systems and techniques used by the CIA and the military.