In 1999, Moynihan did manage to slide in this “Sense of Congress” statement into H.R. 1555, the Intelligence Authorization Act for Fiscal Year 2000:
*SEC. 309. SENSE OF THE CONGRESS ON CLASSIFICATION AND
DECLASSIFICATION
It is the sense of Congress that the systematic declassification of records of permanent historic value is in the public interest and that the management of classification and declassification by Executive Branch agencies requires comprehensive reform and additional resources.*
Now, a “sense of” statement in a bill carries no weight of law, but it does often act as a rather effective threat. It works very much along the lines of “don’t make us make you do this.” So I suppose that there may yet be some hope for a wave of declassification in the near future. Then again, Moynihan’s outa there, so this threat may well be ignored.
In this piece, Moynihan likens secrecy to a form of government regulation. He specifically cites the problem’s origin in the 1917 Espionage Act. Here’s what he has to say:
*Organizational maintenance is nowhere more manifest, and at times ruinous, than in matters of national security. Hoover was present at this creation during the war hysteria of 1917 and 1918 and the anti-radical rumpus that followed, including Attorney General A. Mitchell Palmer’s celebrated raids. The FBI was on to Communist activities fairly early on, and not about to cede territory. Richard Gid Powers has related the struggle with the Office of Strategic Services during World War II–Hoover wanted to go overseas. *
Is this a hint? Is Moynihan implying that the FBI was conducting overseas operations during WWI, which may not have been strictly legal? Or is he implying that Americans were surveiled here at home? Here’s what http://www.fbi.gov has to say about it:
*August, 1919
The Bureau’s General Intelligence Division formed under direct administrative supervision of J. Edgar Hoover, since 1917 in charge of counter-radical activities as a Special Assistant to the Attorney General in Department of Justice’s War Department.*
“Counter-radical activities” would likely include some very up-close and personal assessments of named individuals–some of whom are likely well-known. And of course, Hoover’s penchant for documenting everything about the individuals who fell under his examination is well known. It’s still just a guess, but I think this might be on the right track: the still-secret files are probably FBI documentation on American citizens, probably prominent ones, and probably not very pretty.