Latest Bush Admin Outrage (and it's a big one)

The Bush "Justice" Department now claims that the White House Office of Administration (which, among other things, handles IT services for the White House) is not subject to the FOIA and does not have to follow the law.

This is the despite the fact that the "Justice" Department’s own website specifically lists the Office of Administration as one of the executive branch agencies that is subject to FOIA.

When did the Bush White House figure out that the Office of Administration  was outside (above) the law?  At the exact same time FOIA requests were filed for information on why so many emails have mysteriously vanished from the White House, particularly those related to the fired US Attorneys.  

The "Justice" Department isn’t even pretending this is a coincidence.  Right there in the court files, the "Justice" Department acknowledges this is a brand new concept and 180-degree change in interpretation of the law.  Shameless.

gchaucer2 had a great diary on this subject this morning (check it out here!), but it didn’t get the attention it deserved—probably because it was posted so early in the morning.  His diary gives the exact details of who is and isn’t subject to FOIA, so check it out.

The AP story does a pretty good job of explaining it all too, including this perfect quote:

"this behavior is perfectly consistent with the way they have handled freedom of information issues over the past six years," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. "When they don't want to comply with the law, they just shamelessly argue they are not subject to the law. It's arrogant and disrespectful to citizens."

Update:  Let me add one more fact that is oh-so telling.  Last year (and correct me if I'm wrong, but I'm pretty sure that was under Bush as president and Gonzales as attorney general) the Office of Administration happily complied with 65 FOIA requests.  What changed?

•  Tips

  Outrage

  by R o o k on Wed Aug 22, 2007 at 12:20:16 PM PDT

  •  No, Outrage du jour

    They just keep coming, like fricken locusts.

    by Sychotic1 on Wed Aug 22, 2007 at 12:26:16 PM PDT

    •  madness fatigue

      they count on it, and our dem's in congress who are supposed to be voicing outrage for us are running for office, or working on some bipartisan 'deal.'  There needs to be a minister of outrage, selected by Howard Dean, who gives the daily outrage reports, Somehow outrage got exclusively delegated to Jon Stewart, and he's on cable, and he takes vacations.  Plus he can be written off as just joking around.  Even here there the level of madness leads to fatigue. This is to soften us all up so when cheney nukes Iran they can call it old news.    

      by anna shane on Wed Aug 22, 2007 at 12:37:26 PM PDT

      •  I like it!

        The Democratic Party should put together a daily, clever 3-minute video of the outrage of the day.  Something in between the Daily Show and Olberman's Worst Person in the World segment.  Done right, it could be a big hit.

        by R o o k on Wed Aug 22, 2007 at 12:42:34 PM PDT

        •  We could start

          on YouTube, generate some buzz.

          And link to it wherever anyone posts.

          by stitchmd on Wed Aug 22, 2007 at 12:57:55 PM PDT

          •  Bush's Daily Lie

            The only problem would be in culling through the hundreds of lies per day to select the "worst of the worst".

            by MD patriot on Wed Aug 22, 2007 at 01:16:50 PM PDT

            •  Move On

              Move On was doing this for awhile, but they gave up in despair after the '04 election.

              by Korkenzieher on Wed Aug 22, 2007 at 01:24:03 PM PDT

              •  It was not well-executed at all, unfortunately

                But yes, I applaud the effort. The campaign was called "Misleader" and i think was located at Misleader.org

                by rhfactor on Wed Aug 22, 2007 at 03:14:46 PM PDT

                •  Hmmm...Outrage Czar huh?...

                  ....Andy Rooney might make a good one....He's got a pretty good pulpit.

                  He needs the seed of the idea planted for at least one segment on "60 Minutes".

                  by suspiciousmind on Thu Aug 23, 2007 at 06:38:29 AM PDT

            •  Only another year and a half for the bushco Crime

              Family..How much more damage could bush do in that short a period of time ? I say, lets keep our powder dry, keep doing Bat Man movies and the Public will just love us..for ah, doing, ah..Well, we got the Bat Man thing and, ah, powder still dry and, ah..Stay tuned to this Bat Channel

              by Johnny Rapture on Wed Aug 22, 2007 at 02:10:31 PM PDT

              •  He will save the biggest outrage for last

                If Bush does not blow up the world or declare martial law at home by election day, 2008, we are home free, right? Wrong. At the last minute, Bush can just invoke the inherent power of the Unitary Executive -- which, as we all know, is unlimited -- and issue a Presidential Directive decreeing that the 2008 elections have to be postponed while the CIA studies the latest Terror Alert.

                Who, exactly, is going to stop him? That is a serious question. As far as I can see, everyone in our government has backed down in the face of Bush's determined criminal behavior. If nothing changes between now and then, it seems like we will have a done deal: no more elections, ever; Republicans in permanent control of the Presidency and nyah-nyah to anyone who tries to argue about it.

                by dratman on Wed Aug 22, 2007 at 02:43:53 PM PDT

                •  The way this country is SUPPOSED to work.........

                  ......our Congress and the U.S. Supreme Court has the right and responsibility to prevent your scenario from working.  It's called "checks and balances".  

                  In light of the subservient actions by our Congress and the far-right SCOTUS majority as well as in consideration of the imperial ambitions of the current regime I fear that your scenario is, unfortunately, highly plausible.

                  by calibpatriot on Wed Aug 22, 2007 at 04:23:01 PM PDT

                •  He can do it, he's likely to do it...

                  and that is why impeachment is the cure NOW before they decide to "do" Iran and declare martial law.

                  by victoria2dc on Wed Aug 22, 2007 at 05:02:36 PM PDT

                •  His Executive Directives " give him the right"

                  The right to do what? Declare himself dictator, and suspend elections. I believe that it was here on DK that I read a diary stating that Shrub's executive directives are very nearly word for word with the decrees that Stalin issued in the '30s and '40s to consolidate his power. The way that I see it falling out is that just before, or at the very start of next years August congressional recess he declares martial law over some "emergency" somewhere, and then just before the elections, he suspends elections on the basis that we "can't change horses in mid stream".

                  I truly believe this scenario to be what is going to be coming to America. Bless you dratman for getting your comment in at the top of the comments where it will be read. You are exactly right about stating that this is a serious question. It is probably this most important issue that we have to ponder at this time.

                  Nobody wants to accept that Shrub could be that insane, but he is. Everybody has their blinders on, not wanting to think that their nice little world of their Hummer, their 8000 square foot home, their 50 inch plasma TV blasting them with the latest gossip about pictures of Brittany with out her panties, Nascar and other "reality" programs, is nothing but a house of cards ready to be torn down at any time. And that goes for the people with the Prius, 5000 square foot home and their stock portfolio also.

                  As I said last night in a comment, I think that the odds are better than 50/50 that the America that we have grown up with is doomed to destruction at the hands of this evil, insane cabal of neo-cons. The absolute only answer is impeachment, starting with Gonzales, then Cheney, and then the Shrub. I pray that we have time.

                  BEFORE IT IS TOO LATE

                  INVESTIGATE    IMPEACH     INCARCERATE

                  by crystaljim on Wed Aug 22, 2007 at 09:08:43 PM PDT

                •  Dont' worry, should that Doomsday scenario play

                  out, Speaker Pelosi and the other Congressional Democrats will object, they will demand cooperation rather than confrontation, they will keep their powder dry, and of course, Impeachment will be off the table.

                  by MrJersey on Wed Aug 22, 2007 at 10:15:11 PM PDT

                •  Plan your work and work your plan.

                  If it does happen what is your plan? If there is a plan to invoke the UE then guaranteed there is a plan for dissenters. So, what is the plan of the dissenters?

                  If you know from where and how the enemy is arriving then better to plan today, than an escape plan later.

                  by PlanetTreasures on Thu Aug 23, 2007 at 04:22:03 AM PDT

            •  These bushco creeps just dont move the goal posts

              they move the whole fukin stadium ! Does Dry Powder have a shelf life ? bush dont break the laws, he kinda remolds them in his fukin perverse image..And we called Nixon tricky ! Hahahah, Nixon, Nixon was a small time petty shop lifter compared to this bush syndicate...Just sayin

              by Johnny Rapture on Wed Aug 22, 2007 at 02:30:43 PM PDT

              •  LOL!

                These bushco creeps just don't move the goal posts they move the whole $%@# stadium!

                Too true.  Too true.

                by Naniboujou on Wed Aug 22, 2007 at 03:31:21 PM PDT

              •  Move the stadium,

                wiretap the other team's playbook, steal the concession stand money, only allow their own fans to attend, appoint their own referees, and tell the newspapers the score.

                by rb608 on Thu Aug 23, 2007 at 06:01:35 AM PDT

                •  Awesome run down of rethug play book..Rules, what

                  rules, why we make them up as we go along..I am El Presidente and I check with DOJ gonzolos and God to make sure that all laws both natural and ethereal are being adhered tooo..God loves me, he told me and if Putin went topless while fishing, I will go topless while clearing shrub and Monika, Laurita, Condi, Harrietts, etc., etc. will think I is truly the King..I will make those good rethuglican christian women sweat..Just ask Lauuraa

                  by Johnny Rapture on Thu Aug 23, 2007 at 06:55:49 AM PDT

            •  lies

              could be a separate one, and that should rightly be a free press.  Isn't that the role of the press?  Oh, right,  I must be dreaming.  

              by anna shane on Wed Aug 22, 2007 at 02:38:31 PM PDT

        •  Wonderful idea. There's be no worries about

          lack of material each day!

          by phrogge prince on Wed Aug 22, 2007 at 02:05:35 PM PDT

        •  Yes

          but the recap show would last for about 6 years

          by mpc 12 on Wed Aug 22, 2007 at 03:47:36 PM PDT

        •  "2 minutes hate"

          Geez, we're heading for a smooth literalistic Orwell's 1984.

          The Democratic Party (i.e., non-capitulators et al) could actually take on the role of Goldstein's "2 minutes hate" -- maybe Fox would play it each day at the same prescribed time for the red meat americans to scream and throw their food at.

          Fox could switch it around to be whatever bogeyman dem is "popular" that week.

          by SamSinister on Wed Aug 22, 2007 at 03:52:20 PM PDT

        •  The Daily Mislead

          Its already been done. MoveOn.org years ago used to publish a semi-daily email called "The Daily Mislead", but it finally folded-- not for lack of new material, but because reader interest faded. Outrages cease to be outrageous if they happen every day. (But wait-- was that part of the Rove game plan?)

          Bob in HI

          by BobSchacht on Wed Aug 22, 2007 at 04:04:11 PM PDT

        •  The Democratic Party Should Start DOING SOMETHING

          ...about these outrages.

          And if they don't (and they won't) progressive voters need to start DOING SOMETHING about the Democratic Party.

          by GreenSooner on Thu Aug 23, 2007 at 12:29:31 AM PDT

          •  I'm increasingly convinced

            that the Democratic Party isn't going to do shit.  Democrats (that's us) have a lot of work to do, but we're clearly not going to get any help from the Party.

            I have to say, given Congress' lack of action, I am beginning to doubt the core purpose of this site, namely to elect Democrats.  What's the point of that if they're not going to represent our interests when they get there?

            by rb608 on Thu Aug 23, 2007 at 06:05:49 AM PDT

      •  I'm sure les aristos felt the same,

        right up until the blade came down.

        "Those who will not learn" something something.

        by khereva on Wed Aug 22, 2007 at 01:15:41 PM PDT

        •  err-you-died't n/t

          by anna shane on Wed Aug 22, 2007 at 01:56:43 PM PDT

      •  Does it ever occur to anyone

        That this is merely practice for the eventful day when they decide they really do not have to hold the election in November 2008 or vacate the White House in January 2009?  I'm certain they'll have a very good reason for it, and we'll continue muttering and outraging, and they'll continue doing whatever they damn well please.

        by vigilant meerkat on Wed Aug 22, 2007 at 01:17:53 PM PDT

        •  you're good

          but I think Bush wants it over for him, once he nukes Iran he'll want to sit back, pop a brew (anyone bet he's back to drinking) and enjoy the big mess he got to make. It's the rest of us who'll never get over it.  

          by anna shane on Wed Aug 22, 2007 at 01:55:18 PM PDT

          •  Bush's MO

            He's one of those people who deep down, for reasons he doesn't even understand, destroys the things around him.  I think it's a early childhood quirk that reinforces his self-identity as a loser and black sheep of the family.

            by adamsrw on Thu Aug 23, 2007 at 08:33:25 AM PDT

        •  That occurs to me daily...

          often several times.

          This mob set out to achieve a "permanent republican majority", and I don't think they're finished chasing single-party rule yet.

          We'll be at war with Iran within a year, and the loyal bushies will use everything in their considerable tool box to hold power.

          by Executive Odor on Wed Aug 22, 2007 at 02:09:09 PM PDT

        •  It occurs to me

          on an hourly basis. But to be honest, Bush makes a terrible dictator; I think they're maneuvering to replace him with Giuliani.

          by kyril on Wed Aug 22, 2007 at 02:17:45 PM PDT

          •  Definately

            I don't think W would actually bother, but Giuliani?  He'd do it in a second.  Even some conservatives have described his possible presidency as comparable to that of the authoritarian Putin.  God help us he get into the White House.

            by bythesea on Wed Aug 22, 2007 at 03:03:20 PM PDT

            •  the only one worser is rudy

              and the others are close runner ups.  

              by anna shane on Wed Aug 22, 2007 at 06:36:43 PM PDT

            •  oops meant "should he get into..." n/t

              by bythesea on Wed Aug 22, 2007 at 10:51:16 PM PDT

          •  Eh, the Theocracy starts in '12 these are the

            "crazy years" I keep asking but no one has the answer, Who will be Nehemiah Scudder , the first prophet?

            by buddabelly on Wed Aug 22, 2007 at 05:11:50 PM PDT

            •  Not sure

              I was thinking it would be a theocracy, but they're offering up Giuliani which makes it look like pure fascist dictatorship instead. But if Huckabee manages to rally some more support, he'd make a perfect Scudder. Romney would do well too - he's got that used car salesman slime.

              by kyril on Wed Aug 22, 2007 at 05:46:07 PM PDT

              •  I almost see someone like Judge Roy Moore

                or along that theocratic/authoritarian line.

                I really don't see Guiliani getting the nod in the republic primaries.

                If another major attack on this country was pulled,  all bets are off and a third party hardliner could actually pull enough of the republic vote and maybe even some of the Democratic fear vote as well as a big chunk of the ind. voters.

                Damn I hope I'm wrong.

                by buddabelly on Wed Aug 22, 2007 at 05:55:45 PM PDT

          •  Well, Mitt was "standing strong" for somethin'

            on my yahoo front page.  I am not sure who their misleader will be....

            by IamLorax on Wed Aug 22, 2007 at 09:17:12 PM PDT

        •  I've been predicting that for years...

          I hope I'm merely a crazy alarmist nut, but it seems absurd that these criminals are going to follow the rules and just leave, after spending eight years rewriting the rules and gutting the Constitution to consolidate their power. It seems odd to me that anyone actually thinks they'll suddenly play by the rules when it's their time to give up power...

          by methodishca on Wed Aug 22, 2007 at 04:00:59 PM PDT

          •  "Elections?...

            "... We're not subject to elections?  The President just signed an executive order nullifying Presidential elections until the War on Terror is over."

            by gsbadj on Wed Aug 22, 2007 at 05:28:17 PM PDT

          •  I agree. They aren't acting like people who

            know their reign is coming to an end. It is hard for me to believe that Bush is working so hard at working up a froth that he will be willing to walk away from it in a year plus.

            by RAZE on Wed Aug 22, 2007 at 06:04:44 PM PDT

        •  feedback loop

          we'll continue muttering and outraging, and they'll continue doing whatever they damn well please

          ain't it the truth?

          it occurs to me that rather than continually surprising us with new laws they decline to respect, the administration should just make a list of the laws the WILL obey

          that would make things much simpler

          by KOTCrum on Wed Aug 22, 2007 at 04:03:09 PM PDT

        •  A diary near the election

          from someone who had been to see Joe Wilson, reported that he had said, "This is when they get really dangerous." I vowed to pray every day, "Don't let Joe Wilson be right." I forget from time to time, then something comes along to remind me.

          by Tenn Wisc Dem on Wed Aug 22, 2007 at 07:17:00 PM PDT

      •  Determination.

        More important than anger or outrage.  Just determination to keep on.  One foot in front of the other.  Or some such.

        by Land of Enchantment on Wed Aug 22, 2007 at 01:32:38 PM PDT

        •  Here is the link to the DOJ web page

          Lets see how long it lasts.  Not to mention the White House site which has pages and pages of links on FOIA requests for the Office of Administration:

          http://www.usdoj.gov/...

          Office of Administration
          Carol Ehrlich
          FOIA Officer
          5001 New Executive Office Building
          Washington, D.C. 20503

          Best quote, from the White House page:

          The OA's Regulations concerning FOIA are currently being updated.

          Ha!

          by topdog08 on Wed Aug 22, 2007 at 01:57:08 PM PDT

          •  Do a Print Screen

            for posterity ..

            by MadAsHellMaddie on Wed Aug 22, 2007 at 03:18:05 PM PDT

            •  Actually there are a bunch of PDF files to save

              The Office of Administration FOIA office links to annual reports for the last few years, all of which document that they have one full time employee and an annual budget of about $87,000.  It would seem they've been caught up in a terrible case of fraud since there is no such thing as FOIA for the office!

              Someone call the Department of Justice!

              by topdog08 on Wed Aug 22, 2007 at 07:56:29 PM PDT

              •  ahh

                brilliant!

                by MadAsHellMaddie on Wed Aug 22, 2007 at 09:56:16 PM PDT

      •  Well said n/t

        by dratman on Wed Aug 22, 2007 at 02:31:55 PM PDT

      •  For Minister of Outrage - I nominate

        A. Whitney Brown (I like his stuff), or Lewis Black (although I'd already give him the unofficial title). It's a great idea!

        by World Citizen on Wed Aug 22, 2007 at 06:22:46 PM PDT

        •  Tips for Lewis Black

          He has a terrific ability to get me outraged and make me die laughing at the same time.  What a great schtick.

          by rb608 on Thu Aug 23, 2007 at 06:09:22 AM PDT

      •  The only Bush outrage that would get a rise

        out of the American public would be if they interfered with the judging of American Idol or the Superbowl.  The country is so caught up in the bread and circus mentality that the infotainment forces of mass distraction have wrought that nothing that Bush does would get a rise out of anyone anymore.  Since nothing that the Bush/Cheney criminal conspiracy does affects the American public in a direct way that they can obviously see, unless you are in the military, are a coal miner, have a pet that has died from tainted pet food, or a host of other events that only affect a tiny minority of people, the rest of us are in it for the bread and circus life, and hey, can you hand me the remote?

        by MrJersey on Wed Aug 22, 2007 at 10:09:55 PM PDT

    •  Night Owl

      said it best on this thread when he/she called it the "Million Scandal March."

      by marykk on Wed Aug 22, 2007 at 12:48:47 PM PDT

      •  Great phrase!! n/t

        by R o o k on Wed Aug 22, 2007 at 01:05:43 PM PDT

      •  Have to recommend you since it's too late

        for Night Owl

        by ColoTim on Wed Aug 22, 2007 at 03:58:35 PM PDT

  •  nothing changed

    they just don't comply because they know they can get away with it

    by atlliberal on Wed Aug 22, 2007 at 12:49:50 PM PDT

    •  We have a winner !

      What is "they know they will get away with it" Alex.

      by KozmoD on Wed Aug 22, 2007 at 12:56:01 PM PDT

      •  I was responding to the update

        about not responding to foi requests

        by atlliberal on Wed Aug 22, 2007 at 01:05:40 PM PDT

    •  Running out the clock

      That's all they're doing now.

      In 18 months it'll all be over.

      But, funny thing, so many documents seem to have disappeared....
      and anyone trying to investigate will be berated for living in the past and pursuing old news.

      by jeremybloom on Wed Aug 22, 2007 at 12:56:44 PM PDT

      •  the Doomsday clock? n/t

        by stitchmd on Wed Aug 22, 2007 at 12:58:40 PM PDT

      •  I am hoping and praying

        That we will survive till the end of the administration without another war

        by atlliberal on Wed Aug 22, 2007 at 01:01:18 PM PDT

        •  I just hoping

          we will just survive the next 18 months, period.

          by CCSDem on Wed Aug 22, 2007 at 01:23:20 PM PDT

          •  me too

            I remember back in 2000 after all the election fiasco, my more liberal friends were all despondent. I told them then that NOBODY can destroy the country in 4 years. The Bush administration has done more damage than I could have imagined at the time, and right now I think the Dems share some of the responsibility. The reason I was so sure back then was because I believed in the checks and balances built into the system. I believed that even in the minority, the dems would be able to block the worst of what the administration tried to do.  The last 6 years have shown that they are insufficient when we are being governed by fear and arrogance.

            by atlliberal on Wed Aug 22, 2007 at 01:30:59 PM PDT

          •  I just hope we have our shining moment

            in 18 months.

            I hope that the next 18 months are not our last under the pretense of freedom.

            I hope that in 18 months we aren't looking back at this time of ignorance and unknowing and wishing we could stop the clock in August 2007.

            What will the future bring? In 18 months, if predictions are accurate, we may be mired in such deep Bushshit it will take miracles (if there are such things) to free us.

            by RAZE on Wed Aug 22, 2007 at 06:09:20 PM PDT

      •  You mean like historians?

        My Americanist brethren are going to have a field day -- if we can keep the docs from turning into confetti....

        by Noor B on Wed Aug 22, 2007 at 01:35:26 PM PDT

      •  I don't intend

        to be cruel but I don't believe anything will be over with in 18 months

        by FreeTradeIsYourEpitaph on Wed Aug 22, 2007 at 01:36:03 PM PDT

      •  Exactly...they'll get away with everything, but..

        isn't this an issue before the court?  When will the court decide?

        by PKinTexas on Wed Aug 22, 2007 at 02:59:08 PM PDT

        •  long after

          the term ends.

          by atlliberal on Wed Aug 22, 2007 at 04:08:04 PM PDT

  •  Obviously under Cheney's branch of government.