Omaha World-Herald
November 2, 1999

Washington (AP) - The Justice Department told a federal court on Monday that forcing the Clinton administration to reveal total spending for intelligence could compromise national security, even though the figures were released for 1997 and 1998.

U.S. District Court Judge Thomas Hogan said he would take under study the administration's effort to block a lawsuit seeking the overall intelligence budget number for fiscal 1999.

Kate Martin, a lawyer for the Federation of American Scientists, which brought the suit, told the court in oral arguments that refusing to release the total intelligence budget number made no sense.

"No one in this courtroom could devise anything from the top line number - other than how U.S. tax dollars are being spent," Martin said.

She cited a 1996 statement by President Clinton announcing that he favored release of the total figure.

But Andrea Cohen, a trial lawyer for the Justice Department, said just because the numbers eventually were released for 1997 and 1998 does not mean they should be released now.

Cohen said that because so much already is publicly known about U.S. intelligence activities in general, having specific information on changes in spending levels could reveal much to a sophisticated adversary.

The Federation of American Scientists is trying to force the government to reveal the figure under a Freedom of Information Act request. The Justice Department is seeking a pre-emptive court ruling blocking such a release.

At issue is the total amount of spending for the CIA and other intelligence agencies. These amounts, the so-called black budget, are scattered and fragmented through dozens of defense and other programs in the federal budget to hide them from public scrutiny.

In 1997 and 1998, however, the government disclosed that total intelligence spending was $26.6 billion and $26.7 billion, respectively.

But it balked at releasing the figure for fiscal 1999, which ended Sept. 30.