Justice Dept. argues limits of FOIA law

[TomInTib]

Source: Associated Press

Opening a new front in the Bush administration's battle to keep its records confidential, the Justice Department is contending that the White House Office of Administration is not subject to the Freedom of Information Act.

The department's argument is in response to a lawsuit trying to force the office to reveal what it knows about the disappearance of White House e-mails.

The Office of Administration provides administrative services, including information technology support, to the Executive Office of the President. Most of the White House is not subject to the FOIA, but certain components within it handle FOIA requests. Last year the Office of Administration processed 65 FOIA requests.

However, the Justice Department maintained in court papers filed Tuesday that the Office of Administration has no substantial authority independent of President Bush and therefore is not subject to the FOIA's disclosure requirements.

Read more: http://news.yahoo.com/s/ap/20070822/ap_on_go_pr_wh/white_house_secrecy&printer=1;_ylt=AnIkcEgxJEpOWhN7aV7jE_MGw_IE

[underpants]

1. 2001-Ashcroft establishes the policy

The Bush Administration is no friend of the Freedom of Information Act. In October 2001, with few but hard-core right-to-know advocates paying attention, Attorney General John Ashcroft issued his required memorandum regarding FOIA policy. In preparation before September 11, the memo "reflects a movement back to the policy of the Reagan administration," commented Access Reports, an organization tracking access to government information for more than 25 years.

Ashcroft's new policy "supersedes the 1993 memo issued by then Attorney General Janet Reno, replaces Reno's 'foreseeable harm' test emphasizing disclosure, with a 'sound legal basis' test that emphasizes withholding records," reports Access' newsletter.

While these changes may seem like legalese blather -- more subtle than substantive -- it does represent a significant change in policy.
As columnist and political organizer Jim Hightower pointed out in a late July column posted at Alternet, "Secrecy… is now the prevailing ethos of the White House: There's the secret government that Bush established; the constant refusal to release public records…; Bush's attempts to hide his father's presidential records and his own gubernatorial papers from public view; the secret war on terrorism, complete with secret arrests and closed military tribunals; the decision to hide the results of the Pentagon's Star Wars missile tests; the refusal to make public the SEC investigative files on Bush's slippery stock deal with Harken Energy Inc."

http://foi.missouri.edu/federalfoia/foiactonropes.html

Here is the actual memorandum
http://www.usdoj.gov/oip/foiapost/2001foiapost19.htm

[stellanoir]

2. translation:

"We can take your money, do whatever we want with no accountability, no oversight, and total impunity."

Gee I really miss the Magna Carta.

[tom_paine]

7. I miss all the progress humanity has made since 1210, now being reversed

by Loyal BushPutinists throughout the world.

[stellanoir]

8. A very wise bird who is legally very savvy said. . .

"It's truly unsustainable."

So take heart and perhaps sharpen your pitchfork my colonial friend. :)

[bobthedrummer]

3. "Opening a new front...battle...Justice Department" OK then, hey TominTib, pass the ammo

"Information warfare ammo-dump #2" (6-13-2007)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1104149

[TomInTib]

6. Golly gee, bob, if you can put all of that together, why can't DoJ?

The fact that all of this crap is in the Public Domain coupled with the fact that we, as citizens of this country, haven't stormed the gates is a damning indictment of the American Nation.

[Miss Chybil]

4. So, the Justice Department is now the White House Counsel's Office, right?

I get real confused about who these people work for.

[LiberalFighter]

5. Only one way they will understand who is their employer.

Somebody needs to take em out to the woodshed and lay 200 lashes hard on em.

[annabanana]

9. The Just-Us Department has a very small constituency.

I would say it's down to B*sh & Cheney now.

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