In 2003 the US lead Coalition came into Iraq to liberate the Iraqi people, capture and destroy the "confirmed" weapons of mass destruction, including "possible" nuclear capability, and overthrow a brutal tyrant who terrorized his own people, led genocide in his own country and invaded his neighbor.

In 2004 we had thrown out the tyrant, who deserved it anyway, and were now battling the pro-Saddam Iraqi insurgency and the followers of the radical Shia cleric Moqtada Al Sadr while trying to establish the legitimate Iraq Government institutions to facilitate the fledgling Democracy.

In 2005 we were battling Al Qaeda in Iraq,

Update [2006-4-8 0:15:51 by Tom Ball]: This article was presciently posted back in February. It's relevance to current events required that I revive it for the masses.

The Executive's authority to classify or declassify information does not come from Congressional statute.  Rather, Presidents have long held that it is part of the President's inherent authority. Courts have concurred.

THE PRESIDENT HIMSELF HAS BROAD AUTHORITY IN CLASSIFICATION DECISIONS

In 1951, President Truman signed Executive Order 10290 (pdf), the President relied on his Constitutional authority as President of the United States to enact a classification scheme.

In Department of Navy v. Egan, 484 U.S. 518 (1988), the Supreme Court stated in its dicta that the authority to control access to sensitive information is vested in the President of the United States.  Accordingly, an argument can be made that the President need not "ask permission" from the CIA or NSA or anyone when it comes to classifying or declassifying information. This is because the CIA or NSA do not have any power to deal with classified information that does not emanate from the President himself:

The President, after all, is the "Commander in Chief of the Army and Navy of the United States." U.S. Const., Art. II, 2. His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant. See Cafeteria Workers v. McElroy, 367 U.S. 886, 890 (1961). This Court has recognized the Government's "compelling interest" in withholding national security information from unauthorized persons in the course of executive business. Snepp v. United States, 444 U.S. 507, 509, n. 3 (1980). See also United States v. Robel, 389 U.S. 258, 267 (1967); United States v. Reynolds, 345 U.S. 1, 10 (1953); Totten v. United States, 92 U.S. 105, 106 (1876). The authority to protect such information falls on the President as head of the Executive Branch and as Commander in Chief.

Since World War I, the Executive Branch has engaged in efforts to protect national security information by means of a classification system graded according to sensitivity. See Note, Developments in the Law - The National Security Interest and Civil Liberties, 85 Harv. L. Rev. 1130, 1193-1194 (1972). After World War II, certain civilian agencies, including the Central Intelligence Agency, the National Security Agency, and the Atomic Energy Commission, were entrusted with gathering, protecting, or creating information bearing on national security. Presidents, in a series of Executive Orders, have sought to protect sensitive information and to ensure its proper classification throughout the Executive Branch by delegating this responsibility to the heads of agencies. See Exec. Order No. 10290, 3 CFR 789 (1949-1953 Comp.); Exec. Order No. 10501, 3 CFR 979 (1949-1953 Comp.); Exec. Order No. 11652, 3 CFR 678 (1971-1975 Comp.); Exec. Order No. 12065, 3 CFR 190 (1979); Exec. Order No. 12356, 4.1(a), 3 CFR 174 (1983).

It should be obvious that no one has a "right" to a security clearance.

Notice the passivity of such agencies. They're "entrusted" with national secrets and are "delegated" authority by the President. But such authority rests only in the President. Keep that in mind as we now go through President Bush's executive orders on classification.

More below...