
(photo: Wikimedia Commons)
A consensus has emerged during the presidency of Barack Obama. His administration is increasingly regarded as the worst on issues related to freedom of information and transparency.
Today, Josh Gerstein of POLITICO has a story that gives voice to this emerging consensus, which more and more open government advocates hold despite the fact that the Obama Administration maintains it is committed to “openness.”
Gerstein’s story features a quote from a Washington-based lawyer “who’s been filing” Freedom of Information Act (FOIA) requests since 1978. The lawyer, Katherine Mayer, says, “Obama is the sixth administration that’s been in office since I’ve been doing Freedom of Information Act work. … It’s kind of shocking to me to say this, but of the six, this administration is the worst on FOIA issues. The worst. There’s just no question about it.”
The practices, which are undercutting Obama’s supposed commitment to open government, are highlighted by Gerstein: administration lawyers fight FOIA requests in agencies and in court; an “unprecedented wave of prosecutions of whistleblowers and alleged leakers,” which appears to be aimed at “blocking national security-related stories”; forcing a New York Times reporter to reveal his confidential sources; using confusing/inaccurate metrics to track “progress” on open government initiatives and stalling the “proposals of the chief FOIA ombudsman’s office to improve government-wide FOIA operations.”
This consensus has been forming for the past year or two. But, only now is it on the way to becoming official media consensus, which is particularly important. For example, ABC News‘ Jake Tapper asking White House press secretary Jay Carney about the administration’s prosecution of whistleblowers and alleged leakers along with a friend-of-the-court brief filed by media organizations defending Times reporter James Risen’s right to keep his sources confidential definitely appeared to signal media are beginning to accept and challenge this reality.
An ACLU report on government secrecy published in July 2011 examined how Obama’s commitment to open government was yielding “mixed results.” The report called the administration out for: embracing the Bush Administration tactic of using the overly broad “state secrets” claim to prevent the declassification or exposure of information; fighting court orders to release photos depicting abuse of detainees held in US custody and supporting legislation to retroactively exempt the photos from release under the Freedom of Information Act (FOIA); threatening to veto legislation to reform congressional notification procedures for covert actions; refusing to declassify information on Section 215 of the PATRIOT Act, a section believed to allow for the collection of information not relevant to espionage or terrorism investigations. The ACLU report particularly examined how his administration had gone after whistleblowers more than any other president in history.
It is not simply that the Obama Administration has gone after any and every person that leaks information. It is that it has gone after anyone who engages in leaking that is considered “bad” for the administration. As the ACLU report notes:
…Bob Woodward of the Washington Post obtained a leaked copy of a confidential military assessment of the war in Afghanistan that included General Stanley McChrystal’s opinion that more troops were necessary to avoid mission failure. The purpose of this leak was undoubtedly to manipulate the policy debate by putting public pressure on President Obama to comply with the commanding general’s preferred strategy…
Here’s one of the more recent examples of “good” leaking: on February 24, senior US officials spoke to the Washington Post about a top secret cable that features warnings from the US Ambassador to Afghanistan Ryan Crocker on the “persistence of enemy havens in Pakistan.” They selectively leaked information to help ramp up support for covert and military action in Pakistan and Afghanistan. And, there was no outcry. Few pointed out how senior US officials were being permitted to share information in a top secret diplomatic cable while the government was in the midst of prosecuting Pfc. Bradley Manning for allegedly leaking unclassified, secret and confidential cables.
Faced with the WikiLeaks phenomenon, the Obama Administration has not moved to accelerate the declassification of material that should not be classified, so it has more legitimacy when it goes after individuals who leak classified information. The Information Security Oversight Office (ISOO) says “the government made a record 76,795,945 classification decisions in 2010, an increase of more than 40% from 2009.” It also has chosen absurdity over common sense as a response to WikiLeaks.
Over 250,000 US diplomatic cables are currently public. They can be read by anyone at any moment. However, the administration does not wish to treat them as public. It maintains they are still classified. That is why the ACLU submitted a FOIA request for twenty-three specific diplomatic cables related to cases of interest.
Six months later, eleven of twenty-three were released. Parts of the cables were censored. That was no problem for the ACLU because WikiLeaks had released all of the cables uncensored. The ACLU could compare the uncensored version with the censored version and show the insanity of the government’s commitment to keeping contents of the cables “secret.”
Finally, the recent release of Stratfor emails by WikiLeaks adds another dimension to the administration’s reputation as the worst administration on FOIA. The release suggests there is a whole industry of private intelligence firms with access to individuals who are feeding them information secret and/or classified information. An FBI agent named James Casey tipped off Stratfor’s vice president of intelligence, Fred Burton, a former State Department employee, on the existence of a “sealed indictment” against Julian Assange. The head of an intelligence company knowingly shared classified information with Stratfor on Carlos the Jackal.
There appears to be a whole industry of professionals out there engaged in providing “risk management services” or intelligence to any companies or groups that want to know what the government is doing. The idea is that these services like Stratfor provide information so people can “plan ahead.” However, when WikiLeaks obtains classified information and publishes it (as a journalistic organization is permitted to do), it is not permissible to help citizens around the world “plan ahead” by giving them a glimpse at the corruption that may do great damage to peoples’ lives.
Moreover, Stratfor can profit off of peddling analyses containing nuggets of “classified information” while WikiLeaks is targeted for releasing information for free, which media organizations do all the time because it is typically protected under the First Amendment.
Coupled with the continuation and expansion of Bush Administration “war on terror” policies, like the assertion that it is legal to target and kill US citizens suspected of terrorism without charge or trial, the poor record on freedom of information is not something to shrug off. It is part of a conscious effort to convince Americans that government be permitted to operate in the dark because, in order to have national security, the government must be able to work in secret.
Freedom of information is why innocent Muslims now know that the NYPD was spying on their communities in areas all over the northeastern United States. If that is something that one agrees should not be allowed to go on without the public knowing, one must be appalled at the Obama Administration’s record on transparency because the NYPD’s operations are the kind of operations that motivate an administration to have and ignore such an awful record on transparency.



27 Comments

I read what you’re saying… but, it just CAN’T be true! According to Obama they are the most transparent administration in the history of the world!
Due to budget cuts, the Ministry of Truth had to fire Winston Smith thus FOIA request are so late and back logged.
They are very transparent now.
If these are the good guys in our current political conundrum then, taken with all the other evidence , the collapse of America’s democracy should be apparent to all ! The two party system is no longer a legitimate vehicle for the redress of grievances by the American People!
Democracy Now ! Accept no substitutes !
O/T: G8 Summit to be held at Camp David, not Chicago. Hahahahahaha.
LINK.
Actually that is quite on topic. At Camp David the information and optics coming out of the meeting can be more controlled thus weaving a more coherent narrative for the oligarchs to give to their stenographers, who will promptly disseminate that narrative to the greater population and claim that rapacious capitalism is on firm footing. Protest of this oligarchical control thus will be diminished or non existent in the national and world conscious.
True, and Rahmbo avoids the “optics” of whatever he had planned for protestors in Chicago.
OT sorta.
THE ANTI-TRANSPARENCY president.
The Bill of Rights is being held at an UNDISCLOSED LOCATION.
And must be in solitary confinement – since no Americans have seen it lately
How do you spell NDAA or USA Patriot Act
solidarity & peace
Rick@AveryVoice.com
http://www.NewMercuryMedia.com/pnn.html
“Lying in the defense of deception is no vice”.
However protesting where there is a government official now falls outside “the petition the government for redress of greivances” ZONE.
solidarity & peace
Rick@AveryVoice.com
http://www.NewMercuryMedia.com/pnn.html
that just makes no sense. We are definitely getting into 1984 territory here… more each day it seems. How do you “petition the government for redress of greivances” without actually being able to petition the government officials for redress of greivances?
There’s Originalism precedent: Field Marshal George Washington presided over the closeted constitutional convention that designed the more perfect union, where dogs were trained as ink and quill detectors.
Ohh… Kevin… shush, you! It’s not true!
I grabbed this screenshot on the day The Opaque One took office:
And since a sitting POTUS would never ever mislead the American people, I’m sure you must be wrong.
Not so sure this is a “1984″ issue as much as a “Catch 22″. Seems to me we may also been headed into a “A Clockwork Orange”.
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..
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Justs hope, since I’m 61, we ain’t goin’ nowhere near “Soylent Green”.
I pick:
D)All of the Above
Ah..cut the brotha a break. He can SING! I saw it on teevee in many places and nuthing about this info business.
two years ago the associated press ran a story showing the first year of the Obama administration was worse than the last year of the Bush administration when it came to fulfilling FOIA requests…even though one of Obama’s first actions in taking office was to put forward an executive order to all agencies telling them to err on the side of transparency…apparently the memo is still in the mail…
http://www.huffingtonpost.com/2010/03/16/obamas-broken-promise-fed_n_500526.html
Prolly written in invisible ink.
Exactly! Anyone who criticizes Barack Obama, who has such an inspiring life story, must be a racist or a Republican. Just because he’s proven himself to be a consummate hypocrite and fraud on issues of civil liberties and Constitutional rights doesn’t give anyone the right to criticize him. And besides, the R’s are worse, so you HAVE to vote for him! There’s no choice! God bless American freedom!
EDITED TO ADD: Give Obama a break, okay? It’s not like he was a professor of Constitutional law or anything.
I thought you were joking. Life and The Onion are converging.
I’m sorry, but the answer to your question is classified.
For Emperor Obama accountability and transparency are four letter words
Actually, what was to happen was a twofer–G8 and the NATO Summit. They’ve moved G8, but the NATO Summit will still be meeting. Sooooo, I guess Rahmbo gets to use his militarized police forces after all.
The Lakota up at Pine Ridge are halting Keystone XL Pipeline trucks. LINK.
I read recently that various federal agencies are not even trying to comply with FOIA. By law, these agencies have to provide an estimated release date for all requests. Some agencies are ignoring even that. One guy recently sued the Federal government to make them comply with the law.
I’m shocked! HuffPo front-paged a piece discussing the Stratfor OBL disposal emails.