Despite promising to adopt the presumption of disclosure with Freedom of Information Act requests, the Obama administration has denied more FOIA requests than Bush did in his last year. White House photo, Pete Souza
Obama admin denies FOIA requests more than Bush
The Associated Press reports today that despite all the promises from President Obama to make government more open and transparent, his administration’s record at blocking Freedom of Information Act requests outpaces that of President Bush:
One year into its promise of greater government transparency, the Obama administration is more often citing exceptions to the nation’s open records law to withhold federal records even as the number of requests for information declines, according to a review by The Associated Press of agency audits about the Freedom of Information Act.
Among the most frequently cited reasons for keeping records secret: one that Obama specifically told agencies to stop using so frequently. The Freedom of Information Act exception, known as the “deliberative process” exemption, lets the government withhold records that describe its decision-making behind the scenes.
Obama’s directive, memorialized in written instructions from the Justice Department, appears to have been widely ignored.
Major agencies cited the exemption at least 70,779 times during the 2009 budget year, up from 47,395 times during President George W. Bush’s final full budget year, according to annual reports filed by federal agencies. Obama was president for nine months in the 2009 period.
… The AP’s review of annual Freedom of Information Act reports filed by 17 major agencies found that the administration’s use of nearly every one of the law’s nine exemptions to withhold information from the public increased during fiscal year 2009, which ended last October.
The agencies cited exemptions at least 466,872 times in budget year 2009, compared with 312,683 times the previous year, the review found. Over the same period, the number of information requests declined by about 11 percent, from 493,610 requests in fiscal 2008 to 444,924 in 2009. Agencies often cite more than one exemption when withholding part or all of the material sought in an open-records request.
On his first full day in office, the president sent a memo to his department heads that said this:
All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.
The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.
There are some instances where denying a FOIA request makes sense — especially in areas of national security, as was the case when the administration flip-flopped on releasing photos of alleged detainee abuses in May 2009.
But instead of adopting a “presumption of disclosure,” the Obama administration just like most other governments by adopting a “presumption of nondisclosure.”
As John Byrne of Raw Story notes:
The Federal Aviation Administration cited the exemption in refusing the AP’s FOIA request for internal memos on its decisions about a database showing incidents in which airplanes and birds collided. The FAA initially tried to withhold the bird-strike database from the public, but later released it under pressure.
The FAA claimed the same exemption to hold back nearly all records on its approval of an Air Force One flyover of New York City for publicity shots — a flight that prompted fears in the city of a Sept. 11-style attack. It also withheld internal communications during the aftermath of the public relations gaffe.
And remember, the number of FOIA requests decreased by 11 percent from the previous year.
Not much has changed since Obama issued his memo, as the LA Times reports:
However, a new study out Monday by George Washington University’s National Security Archive finds less than one-third of the 90 federal agencies who process such FOIA requests have made significant changes in their procedures since Obama’s 2009 memo.
So, today in response, White House Chief of Staff Rahm Emanuel did what federal government chiefs of staff do: He sent out yet another memo. Since the agencies ignored the memo from the real president of the United States, they’ll probably all snap to when the Obama staffer’s note arrives, don’t you think?.
Sources:
The Associated Press, March 16, 2010
PROMISES, PROMISES: Records not so open with Obama
Raw Story, March 16, 2010
Obama agencies invoking secrecy provision more often than under Bush
LA Times, March 16, 2010
The White House, Jan. 21, 2009
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
Washington Post, Jan. 21, 2009
Of course Obama’s administration has denied more FOI requests, he’s received almost twice as many! Barring that, as a democrat (mostly) any denial that’s not security related bothers me. Hope and Change sound good to me, but where’s the change? Bush was dictatorial in his “leadership,” truly abused their power and were untouchable, and I expected much more from Obama in at least becoming transparent. Still, I take a shill for the unions 1000 times over before I accepts a shill for corporate interest that continue to make bank off the sweat, blood, and tears of teh average man, woman, and child. Sorry, but facts are facts, and I refuse to promote corporate billionaires. Also, the whole fiscal conservative mantra of trickle-down or promotion of business is healthy has pretty much crapped the bed now that whatever profits are realized through corporate welfare and tax breaks are no longer EVER returned to the U.S. economy, maybe 0.04% at best these days. It’s all flowing from the working man’s account to foreign investment. We will be looking back at the republican leadership debacles as times that destroyed what was the U.S. Corporate greed, and political power grabbing (to later land themselves multi-million dollar jobs) are what the republicans are about. The Dems aren’t innocent, they are controlled as well by lobbyist interest, only, those are largely human well being related, not profit motivated. Capitalism when allowed to run the country as has happened under the GOP is a complete and utter failure. Every collapse has been the direct result of deregulation, sometimes on the part of the Dems, too. Libertarians talk a good game, but they’re nothing more than pawn of corporations, they do the dirty work as the Goldman Sachs of the world pull their heart strings.
You want real change? Quit crying about crap like this and get real, place blame where it belongs, on all sides.
What is needed is finance reform that gets elections out of the hands of corporations and unions, and back to the people. Zero corporate or special interest campaigning, 100% entirely citizen funding, with caps so no one person receives and unfair share of influence. There’s absolutely no good reason why you would not support this. The right to petition government and freedom of speech are both applicapable, but both are already regulated within reason. Limiting corrupting outside influence is a perfect reason in application. Support the Fair Elections Now Act.
Me said May 15.
Actually, the number of requests has dropped by 11 percent — Obama has not received “twice as many” FOIA requests.
Tom said May 19.