Advocates praise Obama move on government disclosure
January 21, 2009 FOIA
By HOPE YEN
Associated Press Writer
WASHINGTON (AP) — President Barack Obama's move to change how open records laws are interpreted is being viewed by advocacy groups as a significant reversal of the Bush administration's policy of government secrecy.
Obama instructed federal agencies to be more responsive to requests made under the Freedom of Information Act by erring on the side of making materials public, rather than looking for reasons to legally withhold them.
On his first day in office, Obama said agencies should also actively seek ways to publicly release information, such as on Web sites that post frequently requested documents.
As a result, material ranging from government contracts to how banks are using taxpayer money from the bailout — which are subject to FOIA but often fall into legal gray areas — could be subject to greater disclosure.
Obama explained that public-interest groups often make use of the law to explore how and why government decisions were made; they are often stymied as agencies claim exemptions.
"In the face of doubt, openness prevails," Obama said in a memo to agency heads on Wednesday. "The government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of government officials."
Experts say the full dimensions of the change won't be fully known until the attorney general issues the formal guidance to agencies in the next 120 days. But Obama's announcement signals a major change from a Bush administration that actively sought to prevent disclosure on grounds of national security.
"This is dramatic," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. "The most important thing a president can do is to reiterate that it is important for citizens to know what its government is up to. This is an incredible message he's sending out to federal agencies."
In October 2001, then-Attorney General John Ashcroft issued a memo to all agency heads in a government-wide initiative that when they refuse to release records under the Freedom of Information Act, "you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis."
Congress later sought to undercut that order, passing legislation in December 2007 that toughened FOIA by establishing a hotline service to help people requesting information deal with problems they may encounter and an ombudsman to provide an alternative to litigation in disclosure disputes. But the final version of the bill, which President George W. Bush signed, kept Ashcroft's memo in place.
Obama's directive on Wednesday effectively reverses Ashcroft's memo, restoring open records laws largely to the interpretation followed during the Clinton administration. Open government advocates say they are hopeful that Obama's administration will go further, using Web sites and other electronic media to give the public greater access.
"Unlike his predecessor, who hid his administration's deeds from any scrutiny, almost as if there was something wrong with what they were doing, President Obama is signaling that America will operate in sunshine again," said Meredith Fuchs, general counsel of the National Security Archive.
Tom Curley, president and chief executive of The Associated Press, praised Obama's move after many years in which government "has worked at restricting the flow of information to Americans, bypassing the First Amendment."
"This step toward providing more access and making our government agencies more accountable can help build the people's confidence in government," he said.
___
Associated Press Writer Pete Yost contributed to this report.
© 2009 The Associated Press – Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Associated Press Writer
WASHINGTON (AP) — President Barack Obama's move to change how open records laws are interpreted is being viewed by advocacy groups as a significant reversal of the Bush administration's policy of government secrecy.
Obama instructed federal agencies to be more responsive to requests made under the Freedom of Information Act by erring on the side of making materials public, rather than looking for reasons to legally withhold them.
On his first day in office, Obama said agencies should also actively seek ways to publicly release information, such as on Web sites that post frequently requested documents.
As a result, material ranging from government contracts to how banks are using taxpayer money from the bailout — which are subject to FOIA but often fall into legal gray areas — could be subject to greater disclosure.
Obama explained that public-interest groups often make use of the law to explore how and why government decisions were made; they are often stymied as agencies claim exemptions.
"In the face of doubt, openness prevails," Obama said in a memo to agency heads on Wednesday. "The government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of government officials."
Experts say the full dimensions of the change won't be fully known until the attorney general issues the formal guidance to agencies in the next 120 days. But Obama's announcement signals a major change from a Bush administration that actively sought to prevent disclosure on grounds of national security.
"This is dramatic," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. "The most important thing a president can do is to reiterate that it is important for citizens to know what its government is up to. This is an incredible message he's sending out to federal agencies."
In October 2001, then-Attorney General John Ashcroft issued a memo to all agency heads in a government-wide initiative that when they refuse to release records under the Freedom of Information Act, "you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis."
Congress later sought to undercut that order, passing legislation in December 2007 that toughened FOIA by establishing a hotline service to help people requesting information deal with problems they may encounter and an ombudsman to provide an alternative to litigation in disclosure disputes. But the final version of the bill, which President George W. Bush signed, kept Ashcroft's memo in place.
Obama's directive on Wednesday effectively reverses Ashcroft's memo, restoring open records laws largely to the interpretation followed during the Clinton administration. Open government advocates say they are hopeful that Obama's administration will go further, using Web sites and other electronic media to give the public greater access.
"Unlike his predecessor, who hid his administration's deeds from any scrutiny, almost as if there was something wrong with what they were doing, President Obama is signaling that America will operate in sunshine again," said Meredith Fuchs, general counsel of the National Security Archive.
Tom Curley, president and chief executive of The Associated Press, praised Obama's move after many years in which government "has worked at restricting the flow of information to Americans, bypassing the First Amendment."
"This step toward providing more access and making our government agencies more accountable can help build the people's confidence in government," he said.
___
Associated Press Writer Pete Yost contributed to this report.
© 2009 The Associated Press – Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
