“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.

(Washington, DC) – Judicial Watch, the organization that investigates and fights government corruption, announced today that it has obtained records from the U.S. Department of Defense (DOD) and the Central Intelligence Agency (CIA) regarding meetings and communications between government agencies and Kathryn Bigelow, Academy Award-winning director of The Hurt Locker, and screenwriter Mark Boal.  According to the records, the Obama Defense Department granted Bigelow and Boal access to a “planner, Operator and Commander of SEAL Team Six,” which was responsible for the capture and killing of Osama bin Laden, to assist Bigelow prepare her upcoming feature film.

The records, obtained pursuant to court order in a Freedom of Information Act lawsuit filed on January 21, 2012, include 153 pages of records from the DOD and 113 pages of records from the CIA (Judicial Watch v. U.S. Department of Defense (No. 1:12-cv-00049)).  The documents were delivered to Judicial Watch late last Friday (May 18). The following are the highlights from the records, which include internal Defense Department email correspondence as well as a transcript from a key July 14, 2011, meeting between DOD officials, Bigelow and Boal:

• A transcript of a July 14, 2011, meeting between DOD officials, including Under Secretary of Defense for Intelligence Michael Vickers, Bigelow and Boal indicates that Boal met directly with White House officials on at least two occasions regarding the film: “I took your guidance and spoke to the WH and had a good meeting with Brennan and McDonough and I plan to follow up with them; and they were forward leaning and interested in sharing their point of view; command and control; so that was great, thank you,” Boal said according to the transcript. Vickers asks if the meeting was a follow-up, to which Boal responds, “Yes correct; this was a follow-up.”  The documents seemingly reference John O. Brennan, Chief Counterterrorism Advisor to President Obama and Denis McDonough, who serves as President Obama’s Deputy National Security Advisor.

• The July 14, 2011, meeting transcript also reveals that the DOD provided the filmmakers with the identity of a “planner, SEAL Team 6 Operator and Commander.”  (The name is blacked out in the document.)  In proposing the arrangement, Under Secretary of Defense for Intelligence Michael Vickers said: “The only thing we ask is that you not reveal his name in any way as a consultant because . . . he shouldn’t be talking out of school.” Vickers went on to say during the meeting at the Pentagon: “This at least, this gives him one step removed and he knows what he can and can’t say, but this way at least he can be as open as he can with you and it ought to meet your needs.” Boal later responds, “You delivered.”

• A July 13, 2011, internal CIA email indicates that Bigelow and Boal were granted access to “the Vault,” which is described the CIA building where some of the tactical planning for the bin Laden raid took place:  “I was given your name as the POC in [redacted] who could determine the feasibility of having a potential walk-through of…the Vault in the [redacted] building that was used for some of the tactical planning in the Bin Laden Raid [sic]. In consultation with the Office of Public Affairs and as part of the larger chronicling of the Bin Laden raid, OPA will be hosting some visitors sanctioned by ODCIA this Friday afternoon.”  (The name of the sender is blacked out.)  “Of course this is doable,” an official responds.

• DOD Assistant Secretary for Public Affairs Douglas Wilson told colleagues in a June 13, 2011, email to limit media access and that he would follow up with the White House: “I think this looks very good as a way forward, and agree particularly that we need to be careful here so we don’t open the media floodgates on this. I’m going to check with WH to update them on status, and will report back.” A day later, he wrote Department of Defense communications staffers, saying: “Ok to set up the second session with Vickers. I am getting additional guidance from WH.”

• Under Secretary of Defense for Intelligence Michael Vickers told Assistant Secretary for Public Affairs Douglas Wilson and two other DOD communications staffers in a June 13, 2011, email that “[DOD] would like to shape the story to prevent any gross inaccuracies, but do not want to make it look like the commanders think it’s okay to talk to the media.” The email went on to say: “For the intelligence case, they are basically using the WH-approved talking points we used the night of the operation.” The talking points called the raid “a ‘Gutsy Decision’ by the POTUS,” adding that “WH involvement was critical.”

• A June 9, 2011, email from Commander Bob Mehal, Public Affairs Officer for Defense Press Operations, to Vickers and other DOD staff summarizes a meeting with Boal and notes the release date for the film: “Release date set for 4^th Qtr 2012…”

• A July 13, 2011, email to Commander Bob Mehal, Public Affairs Officer for Defense Press Operations, indicates that Sarah Zukowski, an associate for The Glover Park Group, arranged the July 14, 2011 visit by Bigelow and Boal to the DOD and the CIA. The Glover Park Group is described by Politico as a “Democratic-leaning advocacy firm.”

• A June 27, 2011, email to an official at the Office of the Secretary of Defense suggests that the request from Bigelow and Boal to meet with Under Secretary of Defense for Intelligence Michael Vickers came via the White House press office. A June 22, 2011, email to Commander Bob Mehal, Public Affairs Officer for Defense Press Operations notes, “The White House does want to engage with Mark but it probably won’t be for a few more weeks. We should provide them a read-out of the session you do with Vickers.”  The name of the White House official who forwarded the request is blacked out.

Judicial Watch launched its investigation of Bigelow’s 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.

New York Times columnist Maureen Dowd wrote that the information leak was 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. Just as Obamaland was hoping, the movie is scheduled to open on Oct. 12, 2012 — perfectly timed to give a home-stretch boost to a campaign that has grown tougher.”

In addition to Judicial Watch’s pursuit of the bin Laden film records, the organization continues to fight in court for the release of the bin Laden post-mortem photos and video. The Obama administration continues to withhold these records citing national security concerns.

“These documents, which took nine months and a federal lawsuit to disgorge from the Obama administration, show that politically-connected film makers were giving extraordinary and secret access to bin Laden raid information, including the identity of a Seal Team Six leader,” said Judicial Watch President Tom Fitton. “It is both ironic and hypocritical that the Obama administration stonewalled Judicial Watch’s pursuit of the bin Laden death photos, citing national security concerns, yet seemed willing to share intimate details regarding the raid to help Hollywood filmmakers release a movie ‘perfectly timed to give a home-stretch boost’ to the Obama campaign.”

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(Washington, DC) – Judicial Watch, the organization that investigates and fights government corruption, announced today that it has filed a new court document in its Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DOD) and Central Intelligence Agency (CIA) seeking “all photographs and/or video recordings of Osama (Usama) bin Laden taken during and/or after the U.S. military operation in Pakistan on or about May 1, 2011” (Judicial Watch v. U.S. Department of Defense et al. (No. 1:11-cv-00890)).  Judicial Watch filed its lawsuit on May 13, 2011.

On December 14, 2011, Judicial Watch filed a “Memorandum of Law in Opposition to Defendants’ Motion for Summary Judgment and in Support of Plaintiff’s Cross-Motion for Summary Judgment.”  (In order for a Motion for Summary Judgment to be granted by the court, the moving party must demonstrate that there are “no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law.”)  Judicial Watch also seeks a court hearing on the matter.

Judicial Watch contends that the Obama administration’s arguments for withholding the bin Laden documents should fail because it has “failed to satisfy even the most basic requirements of FOIA.”  The agency has failed to provide sufficient evidence that it has conducted an adequate search for responsive records or demonstrate that the records were properly classified pursuant to President Obama’s Executive Order 13526 signed on December 29, 2009 which provided a “uniform system for classifying, safeguarding, and declassifying national security information.”  The Obama administration has also failed to provide any evidence of “whether the withheld records are photographs or video recordings, accounted for the various circumstances in which the records were created, or sufficiently correlated specific claims of exemption to particular records or categories of records.”

Conversely, Judicial Watch contends that its “Cross-Motion for Summary Judgment” should be granted because the Defendants “cannot legally justify their claims of exemption” for some of the withheld records.  Judicial Watch “does not seek the production of any photographs or video recordings that have been properly classified or would actually cause harm to the national security by revealing intelligence methods or the identity of U.S. personnel or classified technology.  [Judicial Watch] solely seeks those records that have not been properly classified as well as those records for which no military or intelligence secrets would be revealed.”

Judicial Watch concludes that the American people “have a right to these historical artifacts to capture this moment.  To date, the government has failed to provide a legally sufficient justification for why such records must not be released.  Therefore, the government must be held accountable.  The law requires it.”

On May 4, 2011, President Obama told CBS News in an interview that he would not release the death photos of Osama bin Laden, who was captured and killed by U.S. Navy Seals, to the public, saying “we don’t need to spike the football” or “gloat.”  Obama’s decision reportedly came after a debate within his administration.  CIA Director Leon Panetta said some photos would be released.  But Defense Secretary Gates and Secretary of State Clinton reportedly lobbied against it.

“We shouldn’t appease our enemies by undermining our nation’s core government accountability law – the Freedom of Information Act.  We suspect the administration is playing shell games with the bin Laden death photos and video.  President Obama is asking the court to allow his administration to withhold documents simply because their disclosure may cause controversy.  There is simply no legal precedent for this,” said Judicial Watch President Tom Fitton.  “President Obama’s political calculations are no substitute for the rule of law. The Obama administration has no legal right to withhold this material from the American people, especially now that he is using this military victory in his presidential campaign.  The killing of Osama bin Laden is a tremendous historic event.  The law simply doesn’t allow President Obama to put the bin Laden photos and video down the memory hole.”

On December 23, 2009, Pajamas Media sent a FOIA request to the Air Force. On June 28, 2010, the Air Force notified Pajamas Media that part of their FOIA request had been forwarded to the Office of the Secretary. Nearly one year later, on May 17, 2011, the Office of the Secretary produced four pages of almost entirely redacted material and informed Pajamas Media that it referred the withheld material to the U.S. Secret Service.

To date, the Air Force has failed to produce any records responsive to PJM’s FOIA request or demonstrate that the withheld material is legally exempt from production. The Air Force has not indicated whether or when it will produce or identify the requested records.

“What happened to the transparency that candidate Obama promised? It has taken almost a year for this administration to turn over a flight manifest and then that document was heavily redacted. The Obama administration has proven itself to be one of the most secretive administrations in history,” stated Pajamas Media CEO Roger L. Simon.

On behalf of its client, Judicial Watch is asking the court to: order the Air Force to conduct a search for “any and all responsive records;” set a specific date that Pajamas Media is to receive the requested documents; and provide OSM Media with a Vaughn index describing the records that are being withheld under claims of exemption.

“The December 2009 United Nations ‘climate change’ conference in Copenhagen must have been embarrassing for global warming activists and their associates in Washington. The Conference not only failed to enact worldwide ‘climate’ action, but the airlift of President Obama and other government officials must have resulted in huge, wasteful costs for the American people. No wonder PJM can’t get anything out of the administration about that disastrous conference,” said Judicial Watch president Tom Fitton.

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