Bush suddenly an interesting character again

[Undertoad]

Without an objective citation we are forced to do the research ourselves. My research so far: there was no Bush EO changing FOIA to make it more restrictive.

People complain about an October 2001 Ashcroft memo:

As you know, the Department of Justice and this Administration are committed to full compliance with the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (2000). It is only through a well-informed citizenry that the leaders of our nation remain accountable to the governed and the American people can be assured that neither fraud nor government waste is concealed.

The Department of Justice and this Administration are equally committed to protecting other fundamental values that are held by our society. Among them are safeguarding our national security, enhancing the effectiveness of our law enforcement agencies, protecting sensitive business information and, not least, preserving personal privacy.

Our citizens have a strong interest as well in a government that is fully functional and efficient. Congress and the courts have long recognized that certain legal privileges ensure candid and complete agency deliberations without fear that they will be made public. Other privileges ensure that lawyers' deliberations and communications are kept private. No leader can operate effectively without confidential advice and counsel. Exemption 5 of the FOIA, 5 U.S.C. § 552(b)(5), incorporates these privileges and the sound policies underlying them.

I encourage your agency to carefully consider the protection of all such values and interests when making disclosure determinations under the FOIA. Any discretionary decision by your agency to disclose information protected under the FOIA should be made only after full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated by disclosure of the information.

In making these decisions, you should consult with the Department of Justice's Office of Information and Privacy when significant FOIA issues arise, as well as with our Civil Division on FOIA litigation matters. When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records.

This memorandum supersedes the Department of Justice's FOIA Memorandum of October 4, 1993, and it likewise creates no substantive or procedural right enforceable at law.

(In short: if your agency denies a FOIA request for national security reasons, DOJ will back you. Ooh scary, radical creeping Fascism!)

Now notice, this memo did not produce law as an EO would, but was simply a statement about how the DoJ would operate on FOIA issues.

Bush's only EO on FOIA was Executive Order 13392, in which Bush set up Chief FOIA Officers at each of 90 federal agencies and asked for FOIA improvement plans from each agency; it was intended to improve FOIA responsiveness. Obama's memo refers to the reports on efficiency generated as a result of EO 13392.

The reason Obama issued this Memorandum,

A Memorandum -- and not an EO. An EO would be needed if the Bush administration had issued an EO making the FOIA more restrictive. Takes an EO to reverse an EO, not a Memorandum.

Bottom line: there was no Bush EO. And if you believe there was, this Memorandum can't override it.

Never ignore a citation request.

Originally Posted by Undertoad

Without an objective citation we are forced to do the research ourselves. My research so far: there was no Bush EO changing FOIA to make it more restrictive.

People complain about an October 2001 Ashcroft memo:
(In short: if your agency denies a FOIA request for national security reasons, DOJ will back you. Ooh scary, radical creeping Fascism!)

Now notice, this memo did not produce law as an EO would, but was simply a statement about how the DoJ would operate on FOIA issues.

Bush's only EO on FOIA was Executive Order 13392, in which Bush set up Chief FOIA Officers at each of 90 federal agencies and asked for FOIA improvement plans from each agency; it was intended to improve FOIA responsiveness. Obama's memo refers to the reports on efficiency generated as a result of EO 13392.

A Memorandum -- and not an EO. An EO would be needed if the Bush administration had issued an EO making the FOIA more restrictive. Takes an EO to reverse an EO, not a Memorandum.

Bottom line: there was no Bush EO. And if you believe there was, this Memorandum can't override it.

Never ignore a citation request.

Undertoad..I stand corrected on a Bush EO. Thank you!

The Obama memorandum simply affirms the policy direction of the administration that there be a presumption in favor of disclosure.

In my opinion and the opinion of many "good government" groups, the Ashcroft memo provided the opposite policy direction... that agencies should first look for any legal justification NOT to provide disclosure.

It if looks like a duck and quacks like a duck...its new or changed duck.