Greg Craig, White House counsel drafted a memo to all agencies. That memo is found here. It is important as earlier this week there were two days of hearings on the Freedom of Information Act broken program that was revisited due in part to Hillary Clinton’s emails.
This was not the first hearing. A prior hearing was in March of 2012 with the same topic, introducing the issues of obstruction by the Department of Justice and the White House of the FOIA process.
‘Most transparent’ White House ever rewrote the FOIA to suppress politically sensitive docs
An April 15, 2009, memo from then-White House Counsel Greg Craig instructing the executive branch to let White House officials review any documents sought by FOIA requestors that involved “White House equities.”
That phrase is nowhere to be found in the FOIA, yet the Obama White House effectively amended the law to create a new exception to justify keeping public documents locked away from the public.
Forget making FOIA deadlines
The FOIA requires federal agencies to respond within 20 days of receiving a request, but the White House equities exception can make it impossible for an agency to meet that deadline.
In one case cited by Cause of Action, the response to a request from a Los Angeles Times reporter to the Department of the Interior for “communications between the White House and high-ranking Interior officials on various politically sensitive topics” was delayed at least two years by the equities review.
Jason Leopold, an investigative reporter gave his testimony this week. Of particular note is the Pentagon told him in written form to never file a FOIA request again. Tom Fitton of Judicial Watch told the congressional panel that his firm has had to sue the government 225 times to get it to comply to the FOIA law. Sharyl Attkisson a former investigative reporter for CBS explained in her testimony she in one case waited over 10 years for a FOIA response.
Human Rights Watch drafted a letter to the Oversight Committee explaining their exasperation with the delays and the unexplained redactions.
Some additional facts coming out of the two day hearings include, in 2014 there were over 700,000 FOIA requests. The majority of those requests went to the Department of Homeland Security asking for immigration documents. In all of government, there are an estimated 3000 people that fulfill the requests, yet no one explained who was responsible for redactions. Could that be decided at the White House? What is worse, a committee at the Department of Justice actually receives reports from all agencies on production of FOIA requests and scores them in a final report to congress. The most recent report to the success of the FOIA program scored all FOIA production processes received perfect scores.
There were many questions when it came to Hillary Clinton’s emails as she did not use any government email platform but rather by exclusive choice a private server and a series of private alias email addresses. Those opposing the investigation into Hillary, pressed several questions with regard to the email use of Secretary of State Madeline Albright, Colin Powell and Condoleeza Rice. The response was no one has filed FOIA requests for their respective emails.
In summary, the White House has a team that asserts final decision-making with regard to FOIA requests and how and when they are fulfilled including those at the IRS.
Information is controlled by the White House and no so transparent at…ALL.
