Instapundit Takes Gorelick Smear To New Lows

At Instapundit.com, Glenn Reynolds continues to smear Jamie Gorelick by pushing the theory that her 1995 prevented the Department of Defense from sharing Able Danger data with the FBI. Here is his post today:

DEFENDERS OF JAMIE GORELICK seem to have mostly succeeded in raising her profile with regard to Able Danger matters.

Instapundit links to a post on Captain’s Quarters by a guy named Captain Ed which notes that a copy of Gorelick’s 1995 memo was sent the Justice Department’s Office of Intelligence Policy and Review (OIPR). Captain Ed speculates that because the OIPR sometimes provided legal advice to the Department of Defense, they advised the DoD that the 1995 Gorelick memo prevented Able Danger info from being shared with the FBI.

This argument is an embarrassment. Gorelick’s 1995 memo would never be used to provide legal guidance to the Department of Defense. It was a memo that laid out procedures between the FBI and the criminal division of the Justice Department. It imposed no restrictions on information sharing between the DoD and the FBI.

But don’t take my word for it. Here is what 9/11 Commissioner Slade Gordon, a Republican, had to say about it:

The 1995 Department of Justice guidelines at issue were internal to the Justice Department and were not even sent to any other agency. The guidelines had no effect on the Department of Defense and certainly did not prohibit it from communicating with the FBI, the CIA or anyone else.

Contact Glen Reynolds at pundit@instapundit.com and tell him to remove the link to Captain’s Quarters.
Contact Captain Ed at captain@captainsquartersblog.com and ask him to provide evidence that the OIPR used Gorelick’s 1995 memo to advise the Department of Defense.