When he took office, Barack Obama promised "an unprecedented level of openness in government." As a major part of that commitment, he pledged fidelity to the Freedom of Information Act (FOIA), which he called "the most prominent expression of a profound national commitment to ensuring an open government."
It is hard to reconcile these lofty memos with the Justice Department's proposed rule instructing federal agencies to falsely deny the existence of records sought under FOIA. But at least the Obama administration is open about its desire to mislead us.
Enacted in 1966, FOIA "encourages accountability through transparency," as Obama put it in his 2009 memo. The law created a general assumption that Americans have a right to information about their government unless there is a good reason to withhold it, such as when disclosure would violate people's privacy, undermine a criminal investigation or threaten national security.
Congress amended FOIA in 1986, adding Section 552(c), which addresses situations where confirming the existence of records would tip off the target of a criminal investigation, compromise a confidential informant or reveal classified information. In such cases, agencies "may treat the records as not subject to the requirements of" FOIA, which the courts and leading members of Congress have long understood to mean issuing a response that neither confirms nor denies the records' existence.
But the Obama administration prefers to lie. Under the rule proposed by the Justice Department, an agency with records believed to be exempt under Section 552(c) "will respond to the request as if the excluded records did not exist."
File Not Found - Page 1 - Jacob Sullum - Townhall Conservative
