Filed under: Bureaucracy, Capitalism, Economy, Free Markets, Freedom, History, Law, National Security, Politics, Progressivism, The Constitution, The United States | Tags: FOIA Requests, Inspectors General, No Transparency
“If people can’t trust not only the executive branch, but also don’t trust Congress, and don’t trust federal judges to make sure that we’re abiding by the Constitution with due process and rule of law, then we’re going to have some problems here.”
……………………………………………………………President Barack Obama
“I think that this would have surprised a number of the Founders; the whole Constitution is a contract that tried to limit the power of government because governments, all governments, can’t be trusted. Governments have too much power to be trusted.”
………………………………………………………….Charlie Martin, P.J. Media
Filed under: Capitalism, Democrat Corruption, Domestic Policy, Economy, Education, Energy, Environment, Health Care, Progressivism | Tags: FOIA Requests, Government Watchdogs, Sunshine Week
This is Sunshine Week, And this is a post (revised) I published at this time last year. Has anything changed? “Open government is good government.” Celebrating Your Right to Know. Yoo Hoo, Hillary…
The government watchdog group Cause of Action released a Freedom of Information Act report card for 15 federal agencies that receive the bulk of all FOIA requests. Six of the 15 agencies received failing grades. Three agencies—the Departments of Education, Homeland Security and Treasury—earned “F” grades for failing to comply with the law’s annual reporting requirements. Whether their grades included agencies that are part of, for example, the IRS which is part of Treasury is not clear.
The Center for Effective Government also rated 15 government agencies, not quite the same list, but even worse grades.
“Transparency and the Rule of Law
will be the touchstone of this presidency.”
Barack Obama, January 31, 2009
Nice public statement spin, but Obama has been trying to figure out ways around it ever since, and Congress has been trying to figure out how to make it stick. I have 55 articles in my “transparency” file.
You may be unaware that President Obama rewrote the Freedom of Information Act, without telling the rest of America.
The rewrite came in a memo from then-White House Counsel Greg Craig on April 15, 2009, instructing the executive branch to let White House officials review any documents sought by FOIA requestors that involved “White House equities.” That word is not to be found in the law, but the Obama White House effectively amended the law to justify keeping public documents locked away from the public. Cause of Action, is a Washington-based nonprofit watchdog group that monitors government transparency and accountability.
The exception “applies to all documents and records, whether in oral, paper, or electronic form, that relate to communications to and from the White House, including preparations for such communications.”
Oh, ho, ho. Open government indeed. The FOIA requires federal agencies to respond within 20 days of receiving a request, but the White House equities exception can make it impossible for an agency to meet that deadline.
Cause of Action is still waiting for documents from 16 federal agencies, with the Department of Treasury having the longest pending request of 202 business days. (Would you care to wager that this has to do with the IRS?) The Department of Energy comes in second at 169 business days. 20 days indeed. Can’t have the great unwashed viewing politically sensitive documents.
That’s the promised “most transparent administration in history.” As usual, there is the big public announcement which the peasants might hear, followed by the actions that the administration prefers, which people probably won’t hear. Not transparent at all, except where it doesn’t make any difference.
—”Obama Just Officially Decided White House Emails Aren’t Subject to the Freedom of Information Act” Mother Jones 3/17/2015
—”Obama administration stonewalls FOIA request on IRS targeting scandal” Hot Air, 2/10/2015
—’Serious limitations‘: Gov’t watchdogs unite in letter slamming Obama administration transparency,”Fox News, 8/06/2014
—“Transparency Groups Seek White House Position on FOIS Reforms” Washington Free Beacon, 10/27/2014
—“FOIA request revealed Obama family vacation to Hawaii cost taxpayers over $3.6 million in flight costs alone”
Political Insider, 3/13/2015
Filed under: Democrat Corruption, Domestic Policy, Environment, Junk Science, Law, News the Media Doesn't Want You to Hear, Politics, Progressivism, Regulation, The Constitution, The United States | Tags: Federal Judge Royce Lamberth, FOIA Requests, The Environmental Protection Agency
Federal Judge Royce C. Lamberth today warned the EPA not to discriminate against conservative groups in how it responds to open records requests. He said the agency may have lied to the court and showed “apathy and carelessness” in carrying out the law.
He said he could not prove that officials intentionally destroyed documents, but he described as an “absurdity” the way the EPA handled a Freedom of Information Act (FOIA) request from Landmark Legal Foundation and the court case stemming from it—including late last week admitting that it misled the court about how it went about “searching for documents.”
In a scorching 25-page opinion, the judge accused the agency of insulting him by first claiming it had conducted a full search for records, then years later retracted that claim in a footnote to another document without giving any explanation for how it erred.
“The recurrent instances of disregard that EPA employees display for FOIA obligations should not be tolerated by the agency,” the judge said. “This court would implore the executive branch to take greater responsibility in ensuring that all EPA FOIA requests — regardless of the political affiliation of the requester — are treated with equal respect and conscientiousness.”
This particular ruling can also be seen as a rebuke to President Obama who vowed to run the “most transparent administration in history” but has received constant challenges over how that vow has been carried out. Judge Lamberth made a point of the EPA delay of follow through on Landmark’s request until after the 2012 elections, and said explanations by EPA officials for why they failed to live up to the law “defied reason.”
Mark Levin, Landmark’s president, said it is up to the president to decide how to respond, but people should be fired. Nena Shaw and Eric Wachter, Judge Lamberth said, either lied to the court or showed utter indifference to the law.
Is it proper to send roses to a federal court? Probably not, but this arrogant agency certainly deserves a legal slap-down.
American Elephants 