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James Clapper, the director of national intelligence, has been harshly criticized for having misled Congress earlier this year about the scope of the National Security Agency’s surveillance activities. The criticism is entirely justified. An equally insidious threat to the integrity of our national debate, however, comes not from officials’ outright lies but from the language they use to tell the truth. When it comes to discussing government surveillance, U.S. intelligence officials have been using a vocabulary of misdirection—a language that allows them to say one thing while meaning quite another. The assignment of unconventional meanings to conventional words allows officials to imply that the NSA’s activities are narrow and closely supervised, though neither of those things is true. What follows is a lexicon for decoding the true meaning of what NSA officials say.

If there is one word missing from the United States government’s post-9/11 lexicon it is “accountability.” While perfectly legal though illicit sexual encounters apparently continue to rise to the level of high crimes and misdemeanors, leading to resignations, no one has been punished for malfeasance, torture, secret prisons, or extraordinary renditions. Indeed, the Obama administration stated in 2009 that it would not punish CIA torturers because it prefers to “look forward and not back,” a decision not to prosecute that was recently confirmed by Attorney General Eric Holder in two cases involving the deaths of detainees after particularly brutal Agency interrogations. What the White House decision almost certainly means is that the president would prefer to avoid a tussle with the Republicans in congress over national security that would inevitably reveal a great deal of dirty laundry belonging to both parties.

The bipartisan willingness to avoid confrontation over possible war crimes makes the recently completed 6,000 page long Senate Intelligence Committee report on CIA torture an extraordinary document. Though it is still classified and might well never see the light of day even in any sanitized or bowdlerized form, its principal conclusions have been leaking out in the media over the past two weeks. It directly addresses the principal argument that has been made by Bush administration devotees and continues to be advanced regarding the CIA torture agenda:  that vital information obtained by “enhanced interrogation techniques” led to the killing of Osama bin Laden. According to the report, no information obtained by torture was critical to the eventual assassination of the al-Qaeda leader, nor has it been found to be an indispensable element in any of the other terrorism cases that were examined by the Senate committee.

What exactly does that mean? It means that torture, far from being an essential tool in the counter-terrorism effort, has not provided information that could not be obtained elsewhere and using less coercive methods. Senator Diane Feinstein, who sits on the Senate Intelligence Committee and has had access to the entire classified document, elaborated, explaining that the investigation carried out by the Senate included every detainee held by CIA, examining “the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy or inaccuracy of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” It “uncovers startling details about the CIA detention and interrogation program…” The report has 35,000 footnotes and investigators perused 6 million pages of official records, which is why it has taken more than two years to produce. The Senate inquiry’s conclusions inevitably lead to the assumption that there has been a whole lot of lying and obfuscation going on in connection with the so-called war on terror.

New evidence of the intelligence community’s intentionally deceptive use of the English language was released today in the form of a Defense Intelligence Agency document that instructs analysts to use words that do not mean what they appear to mean. The section of the DIA’s “intelligence law handbook” on the “Collection of Information about United States Persons” opens like this: To begin the journey, it is necessary to stop first and adjust your vocabulary. The terms and words used in DoD 5240.1-R have very specific meanings, and it is often the case that one can be led astray by relying on the generic or commonly understood definitions of a particular word. DoD 5240.1-R — entitled “Procedures Governing the Activities of DOD Intelligence Components that Affect United States Persons” – is the Department of Defense document that implements Executive Order 12333, the unilateral presidential directive first signed by President Reagan that authorizes government agencies to covertly sweep up vast amounts of private data from overseas communications. The plainspoken employee handbook was one several documents about Executive Order 12333 the ACLU obtained through a Freedom of Information Act lawsuit and released today. See also today’s Intercept story: “The Ghost of Ronald Reagan Authorizes Most NSA Spying”

Here is the handbook explaining how not to be led astray: For example, “collection of information” is defined in the Dictionary of the United States Army Terms (AR 310- 25) as: “The process of gathering information for all available sources and agencies. ” But, for the purposes of DoD 5240 .1-R, information is “collected” – only when it has been received for use by an employee of a DoD intelligence component in the course of his official duties… (and) an employee takes some affirmative action that demonstrates an intent to use or retain the information. So, we see that “collection of information” for DoD 5240.1-R purposes is more than “gathering” – it could be described as “gathering, plus … “. For the purposes of DoD 5240.1-R, “collection” is officially gathering or receiving information, plus an affirmative act in the direction of use or retention of that information.

For good measure, there’s this footnote: In addition, data acquired by electronic means is “collected” only when it is processed into intelligible form…;What constitutes an intelligible form may be somewhat problematic. Analysts can even gather information and keep it for up to six months without it counting as having been “collected”, as long as it’s being “held or forwarded to a supervisory authority, solely for the purpose of making a determination about its collectability.” Although the intelligence community’s astonishing abuse of words has been frequently noted, particularly in the context of surveillance, this may be the first time we’ve actually seen an instruction manual.