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Bush tries to slam door on open government - removes oversight from National Archives to the DOJ

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sabra Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 01:49 PM
Original message
Bush tries to slam door on open government - removes oversight from National Archives to the DOJ
Edited on Wed Feb-13-08 01:52 PM by sabra

http://pogoblog.typepad.com/pogo/2008/02/lame-duck-makes.html

Lame Duck Makes Lots of Noise

In an obscure section (p. 239, Sec. 519 of the Commerce Department Appendix) of President Bush's FY09 budget, funds for the newly created Office of Government Information Services (OGIS) have been shifted from the National Archives to the Department of Justice. In fact, the President went so far as to repeal a portion of a law he had just signed:

SEC. 519. The Department of Justice shall carry out the responsibilities of the office established in 5 U.S.C. 552(h), from amounts made available in the Department of Justice appropriation for "General Administration Salaries and Expenses". In addition, subsection (h) of section 552 of title 5, United States Code, is hereby repealed, and subsections (i) through (l) are redesignated as (h) through (k). (Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008.)]

In an effort to rationalize the sneaky addition to the FY09 budget, the White House stated that "most of the proposed functions for the office are already performed by the Justice Department and that the National Archives has limited experience dealing with intricate legal issues relating to Freedom of Information Act requests."

The irony of this shift is that the President is using closed door tactics to undo part of the OPEN Government Act that he had signed in December 2007. OGIS is intended to serve as the Freedom of Information Act (FOIA) oversight office. One of the most important aspects of this newly created office is to "offer mediation services to resolve disputes between persons making requests under this section and administrative agencies." The National Archives was chosen as a home for the oversight office because of its ability to provide impartial mediation, rather than DOJ, which defends agencies in FOIA lawsuits.

Open government advocates, led by Senator Leahy, were not pleased with the President’s attempt to undercut the OPEN Government Act. POGO has long supported the efforts of Senators Leahy and Cornyn, and we provided them with our 2005 Good Government Award for their bi-partisan work on improving FOIA.


edit: I believe it's up to Congress to decide if this goes through or not...
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 01:51 PM
Response to Original message
1. didn't * say he was going to "sprint out of office" I wish
someone would catch his butt when he gets to the finish line. He's nothing but a SOB.
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blm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 01:54 PM
Response to Original message
2. Bush wasn't so worried when he expected Clinton to follow in office. NOW he sees Obama
Edited on Wed Feb-13-08 01:55 PM by blm
is going to take this and he will pull every trick in the book to hide what he can.

Come on Leahy - work it.
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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 01:58 PM
Response to Original message
3. The extent of the cover up is beyond belief... "9,500 documents totaling 55,500 pages"
BUSH JR is trying to make sure public documents do not
become declassified EVER for all time forward, particularly those of BUSH SR.
Their inquisition extends to released documents in order to re-classify them. ?? "Declassification in Reverse" ??

Presidential Records Act and Executive Order No. 13,233 (the "Bush Order"),
FINDINGS REGARDING ADMINISTRATION OPENNESS/SECRECY AGENDA
http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB84/findingsop...

Presidential Records Act - When, on January 20, 2001, the Presidential Records Act ("PRA"), 44 U.S.C. § 2201 et seq., 12-year restriction period for records containing confidential communications among President Ronald Reagan, Vice President George H.W. Bush, and their advisers expired, the Bush White House first directed the National Archivist to withhold the records while it "studied" the matter, and then, on November 1, 2001, President George W. Bush promulgated Executive Order No. 13,233 (the "Bush Order"), which purports to give binding directions to the Archivist about how to administer presidential and vice presidential records under the PRA. The Bush Order turned the PRA's public access requirement on its head by granting former Presidents, Vice Presidents, and their "representatives" veto power over any release of materials by the Archivist simply by claiming executive privilege, regardless of the merits of the claim. Only with the "authorization" of a former President or Vice President does the Bush Order permit the Archivist to disclose any presidential or vice presidential records.

Reagan, V.P. Bush secrets protected ad infinitum?? by the Bush Order. "Upon the death" of designee ...
Executive Order 13233 of November 1, 2001 - Further Implementation of the Presidential Records Act

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures implementing section 2204 of title 44 of the United States Code with respect to constitutionally based privileges, including those that apply to Presidential records reflecting military, diplomatic, or national security secrets, Presidential communications, legal advice, legal work, or the deliberative processes of the President and the President's advisors, and to do so in a manner consistent with the Supreme Court's decisions in Nixon ..... http://www.fas.org/irp/offdocs/eo/eo-13233.htm



The U.S. Intelligence Community's Secret Historical Document Reclassification Program

Declassification in Reverse
The U.S. Intelligence Community's Secret Historical Document Reclassification Program
Edited by Matthew M. Aid - http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB179/index.htm

Washington, D.C., February 21, 2006 - The CIA and other federal agencies have secretly reclassified over 55,000 pages of records taken from the open shelves at the National Archives and Records Administration (NARA), according to a report published today on the World Wide Web by the National Security Archive at George Washington University. Matthew Aid, author of the report and a visiting fellow at the Archive, discovered this secret program through his wide-ranging research in intelligence, military, and diplomatic records at NARA and found that the CIA and military agencies have reviewed millions of pages at an unknown cost to taxpayers in order to sequester documents from collections that had been open for years.

The briefing book that the Archive published today includes 50 year old documents that CIA had impounded at NARA but which have already been published in the State Department's historical series, Foreign Relations of the United States, or have been declassified elsewhere. These documents concern such innocuous matters as the State Department's map and foreign periodicals procurement programs on behalf of the U.S. intelligence community or the State Department's open source intelligence research efforts during 1948.

Other documents have apparently been sequestered because they were embarrassing, such as a complaint from the Director of Central Intelligence about the bad publicity the CIA was receiving ........

officials at CIA and military agencies have argued that during the implementation of Executive Order 12958, President Clinton's program for bulk declassification of historical federal records, many sensitive intelligence-related documents that remained classified were inadvertently released at NARA, especially in State Department files. Even though researchers had been combing through and copying documents from those collections for years, CIA and other agencies compelled NARA to grant them access to the open files so they could reclassify documents. While this reclassification activity began late in the 1990s, its scope widened during the Bush administration, and it is scheduled to continue until 2007. The CIA has ignored arguments from NARA officials that some of the impounded documents have already been published.

...........

Raiding the Presidential Libraries

It is now evident that the multi-agency historical document reclassification program was expanded in or about 2003 to include the NARA-run Presidential Libraries, especially a review of previously declassified documents housed at the Kennedy and Johnson Libraries. .............

The Damage Done

The results of the multi-agency reclassification effort since it began have dramatic and disturbing ...since 2001 security personnel from the agencies involved have "surveyed" 43.4 million pages of documents held by NARA ... since 2001 9,500 documents totaling 55,500 pages have been reclassified and withdrawn from public circulation ..........


.... FROM: "The Revolution Will Not Be Televised" or "Did BUSH Bungle the Overthrow of Hugo Chavez?"
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2847329
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 02:36 PM
Response to Reply #3
6. What HUBRIS
He knows Poppy is guilty of crimes that have no statute of limitations. This is the only way he can block an investigation. Poppy will be just like the old NAZI war criminals that are hounded to their graves. Junior can join him in the Hague.
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blm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 03:16 PM
Response to Reply #3
8. Looks to me that he is accepting Clinton won't be following him in office and is making moves
to cover his ass where he can before President Obama takes office.

I am quite sure BushInc is noticing Kerry and Kennedy's work behind Obama.
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HCE SuiGeneris Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 02:01 PM
Response to Original message
4. K & R
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me b zola Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 02:05 PM
Response to Original message
5. K&R
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 02:39 PM
Response to Original message
7. Yeah...yeah...We get it...Bush is bad
Believe me, we all get it.

What we aren't getting is accountability.


Sorry...just venting.

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tbyg52 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 06:13 PM
Response to Original message
9. I hate that man
What kind of parents could raise such a creature? (Rhetorical question.)
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VP505 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-13-08 06:29 PM
Response to Original message
10. So Mr President
tell me one more time how everything your Admin has done is legal, is that why you want to make sure nobody ever sees any documents???
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