Crossposted at
akkamsrazor.
Read this about Cheney, Rumsfeld, and Scalia opposing the FOIA in the post-Watergate Ford Administration and then think about what is likely to happen regarding this enhancement to the FOIA legislation, hopefully encouraging the Executive Branch to comply.
FOIA, as written, specifically
excludes any office that directly aids or advises the President, Congress, and Federal Courts. The argument, especially as advanced during the attempt to uncover who was on Cheney's Energy Panel, was that the president couldn't get advice from non-public persons. There are
other specific exceptions, mostly related to National Security, law enforcement, or privacy issues.
In a remarkable display of bipartisanship, Senators Pat Leahy (D-VT) and John Cornyn (R-TX) are cosponsoring a bill, one that hopefully can reign in the power of the strongest Executive Branch in American history. The details are read into the Congressional Record here (scroll down). It's specific objectives are detailed below:
- First, it will strengthen the Freedom of Information Act and close loopholes.
- Secondly, it will help Freedom of Information Act requesters obtain timely responses to their requests.
- Third, it will ensure that agencies have strong incentives to comply with the law in a timely fashion.
- Fourth, it will provide Freedom of Information Act officials; that is, people within Government agencies, with all the tools, including the education, they need in order to ensure that our Government remains open and accessible.
There are so many things to like about this bill - and so many reasons why some would want to kill it. Specifically, it does not allow the hiding of information by outsourcing the work (for example, Choicepoint and the No-Fly List), adding an accountability process to wholesale DHS exclusions (so that huge classes of information cannot be classified without an explanation), protect access to fee waivers for journalists - especially internet journalists, improve the performance and accessability through hotlines, improved response times, FOIA performance reviews for agencies, and consequences, including disciplinary action for officials suppressing disclosure.
FOIA requests have also brought a great many issues to light in recent history, such as details regarding Abu Gharib abuses, Armstrong Williams propaganda contracts, and the Presidents Daily Briefing from August 6th, 2001. As such, it has delivered several embarassments to the President.
It will be curious to see what the White House's response to this will be, as it should easily clear committee.