The Mudcat Café TM
Thread #115883   Message #2547977
Posted By: Amos
24-Jan-09 - 01:44 PM
Thread Name: BS: Popular Views: the Obama Administration
Subject: RE: Popular Views: the Obama Administration
It has received the least attention of his first-day decisions, but President Barack Obama's memorandum on reviving the Freedom of Information Act stands as the clearest signal yet that his campaign talk about "a new era of open government" wasn't just rhetoric; it's for real.

The key phrase comes right at the top: "The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails."

Later in the memo: "All agencies should adopt a presumption of disclosure. … The presumption of disclosure should be applied to all decisions involving FOIA."
Furthermore, "In responding to requests under the FOIA, executive branch agencies should act properly and in a spirit of cooperation, recognizing that such agencies are servants of the public." In fact, "All agencies should take affirmative steps to make information public. They should not wait for specific requests from the public."
This could not be clearer. The new president was calling for a complete reversal of the Bush administration's directives on this matter—and a restoration of the Freedom of Information Act's original purpose.

The Bush era's tone was set in October 2001, when then-Attorney General John Ashcroft issued a memo to all federal agencies, assuring them that if they were sued for refusing to release documents under the FOIA, the Justice Department would defend them in court as long as their decision had a "sound legal basis." This reversed a guideline, signed by President Bill Clinton in 1993, noting that the Justice Department would defend agencies' refusals only if releasing the documents would cause "foreseeable harm."...

Slate (Kaplan)