The Headlines
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No E-mail Backup Tapes Before May 2003, White House Says
The White House told a federal magistrate that it has no back-up computer takes for e-mails written or received before May 23, 2003 and that it cannot track hard drives within the White House system that might contain missing e-mails. Tom Blanton, director of the National Security Archive which sued to force disclosure of the tapes, said “What is most shocking is that if anyone at the White House was deleting their e-mails during the invasion of iraq, those e-mails are not on any back-up tapes.” (5/6/08)
Justice Will Show Intelligence Committees Some Torture Memos
In response to pressure from Congress, the Justice Department said it would show Senate and House Intelligence committees secret legal opinions that were used to justify harsh interrogation techniques. The decision was announced by Sen. Russ Feingold, D-WI, at a hearing on the use of legal opinions and of techniques to create “secret law” that guided executive branch actions without public or Congressional knowledge. (5/1/08)
White House Effort to Block Shield Law Picks Up Silent Backstop
The White House push to block a reporter-source shield law appears to have won some Republican backers in the Senate, where the legislation is awaiting a floor vote. “Unfortunately, we have a number of [senators in] the president’s party who told the press they’re for it and have told the White House, ‘We’ll make sure we protect you on this,’” Senate Judiciary Chairman Patrick Leahy, D-VT, told Politico. White House spokesman Tony Fratto wouldn’t comment on Leahy’s charge but confirmed the White House’s continuing opposition: “We’re concerned that this legislation goes too far and will in fact encourage the leaking of classified information.” (4/29/08)
Government Secrecy Drives the 21st Century's Muckrakers
Neiman Reports devotes its spring issue to “21st Century Muckrakers” which means that many of the articles deal with trying to crack government secrecy or to gather otherwise hard to get government information. Among the dozens of articles, “Nation of Secrets:” author Ted Gup laments that “Secrecy itself gets short shrift” in the press. Secrecy News’ Steven Aftergood writes of efforts to gather classified and other sensitive information for the benefit of the public, and Los Angeles Times reporter Bob Drogin tells of his investigations that unmasked CIA source “Curveball” as a liar. (4/16/08)
Cyber Security Jeopardized by Too Much Government Secrecy
The federal government’s $30 billion program to safeguard the U.S from cyberspies and terrorhackers is running into an unexpected problem – too much secrecy. Forbes Magazine reports that executives of corporations that own most of the nation’s critical cyber infrastructure – banks, telecommunications and transportation – are wary because the government’s plan has very few provisions for meaningful information sharing. The transparency issue came up over and over again at the security industry’s recent conference in San Francisco where Homeland Security Secretary Michael Chertoff said, “"We can't be serious about national security or national cyber security without engaging with the private sector.” (4/11/08)
Pentagon FOIA Stonewalling Delayed "News Analysts" Report 2 Years
The New York Times report on the Pentagon’s efforts to spin news reports on the war in Iraq and Afghanistan by providing special access, briefings and trips for retired military personnel who served as television “news analysts” took almost two years to report because the Defense Department refused to release the records. The Times sued and got the documents a week before the report, a fact not reported in its three-page report.
(4/23/08)
Agriculture Department Pulls an End Run to Seal Animal ID Records
First, The Agriculture Department pressed for statutory closure of records of its National Animal Identification System, urging a provision in the massive farm appropriations bill that would keep secret the names and addresses of feedlot operators. When that section was lsubsequently pulled at the urging of open government advocates, the department called an end run. It has adopted a new regulation certifying those records under the Privacy Act, mandating they be withheld from the public. Deadline for comment is May 30. (5-8/08)
Public Integrity Center Looks at Advisory Committee Reform Bill
After years of paying almost no attention to the Federal Advisory Committee Act, Congress is considering amendments to the 36-year-old law. The changes, says the Center for Public Integrity in a special online report, are intended to improve the transparency, membership balance and independence of the more than 900 committees that provide advice to government agencies. (5/7/08)
Air Force Releases Historical Records, At Long Last
The Air Force released previously Secret and Top Secret histories to the National Security Archive in response to Freedom of Information Act requests that go back to the 1980s and 90srecords, and resulted in a lawsuit resolved in 2004. The documents show, among many other things, that President Eisenhower directed the Air Force to modify a plan that called for use of atomic weapons against China during the Taiwan Strait crisis in 1958. (4/30/08)
Responding to FOIA, U.S. Releases List of 66 Federal Detainees Who Died
A list of 66 immigrants who died in federal detention, obtained by the New York Times through a Freedom of Information Act requests, reveals a near total disregard for those held or their families. In a number of instances, families were not notified of injuries leading to the deaths, or of the death itself. And the list obtained by the Times had few details. (5/5/08)
Corps of Engineers, Citing Terror Threat, Won't Release Dam Inspection Report
The Army Corps of Engineers refused to release an inspection report on the Strom Thurmond Dam but give the Augusta, Ga., newspaper Metro Spirit a 2004 executive summary that noted eight uncorrected deficiencies first cited in a 1999 inspection. The Corps cited national security and terrorism threats in denying the full report. (5/7/08)
Senate Judiciary Approves Limits on Use of State Secrets Privilege
The Senate Judiciary Committee approved a bill that would limit the administration’s use of the “state secrets privilege” in an effort to block law suits that challenge warrantless surveillance and other anti-terrorism methods. The vote was 11-8. Use of the privilege allows the government to refuse to provide classified information that plaintiffs seek to prove their case. (4/28/08)
Senate Approves Protections for Inspectors General
Despite a possible White House veto, the Senate has passed legislation that would protect government watchdogs from political pressure. The bill, weakened in the legislative debate but then approved unanimously, protects inspectors general they are charged with investigating and makes their reports and audits more accessible to the public. (4/48/08)
A 30-Month FOIA Struggle for Still-Hidden Findings
The managing editor of the Dothan (Ala) Eagle related the paper’s two year effort to get Army records on four helicopter crashes at nearby Fort Rucker. It took 18 months, including two follow-up letters and three phone calls, to get an interim response and another six months before the first bit of information was provided. The rest arrived over the next six months. Alas, the Army redacted the analysis of what happened and the recommendations for operational improvements, wrote ME Ken Tuck. (4/28/08)
EPA's Scientists Report Widespread Political Interference
More than half of the Environmental Protection Agency scientists who responded to a survey from the Union of Concerned Scientists said they had personally experienced political interference in their work. The interference ranged from being directed to alter or exclude information in studies to the selective use of data in justifications accompanying regulatory decisions. (4/24/08)
Candidates and Open Government
Presidential Candidates on Open Government and Shield Law
The three presidential candidates all spoke on issues of freedom of information and government transparency when they appeared at the annual conference of the Newspaper Association of America and the American Society of Newspaper Editors, April 14 and 15. Sen. McCain announced he had “narrowly” decided to support a reporter-source shield bill. Sen. Clinton promised to “restore openness” in the federal government, among other things reversing the Ashcroft memo. Obama said he would work for transparency and accountability. (4/16/08).
Comparing the Candidates on Reversing Ashcroft FOIA Memo
Democrat Barack Obama and Republican John McCain have promised, if elected, to review the Freedom of Information Act policies established by the Bush Justice Department. Democrat Hillary Rodham said she will reverse the policy and replace it with one that pledges release of information unless disclosure will do harm. (3/27/08)
Alaska Senate Candidate Pledges Bridge to Open Government
In the land of the bridge to nowhere, the mayor of Anchorage announced his candidacy for the U.S. Senate with a promise to restore open government. Mark Begich said he'd work to pass a Federal Transparency Act that would include financial disclosure of every dollar of income a senator and their spouse receives, and would require senators to post the information on the internet. It would also include posting every meeting between an elected official and a lobbyist on the web. (4/23/08)
NC Governor Candidates Respond to Open Government Questions
The Associated Press put three questions on open government to all eight candidates for governor in North Carolina. All responded. Two questions followed up on current e-mail controversies and whether as governor they would make their correspondence readily available. The third involved whether employee disciplinary records would be made public on request. (4/23/08)
Sacramento Mayoral Candidates Asked About Opening Calendars
The Sacramento Bee asked the seven candidates for mayor a series of issues questions, including an opener on open government – whether they’d make their appointment calendars public. Six of the seven said “yes” although one suggested she might have to keep a second calendar for personal matters. Only the incumbent mayor said “no.”
(5/1/08)
A Successful Campaign Inspired by the Need for Transparency
The new mayor of Greenwich, NY, decided to seek the office when the incumbent was quoted as saying, “things are easier to get done when the public doesn’t show up.” That also convinced David Doonan to make open government the heart of his campaign. He pulled 70% of the vote. His first two moves: a regular Mayor’s Report to residents and taping of council meetings so the video can be available online. (5/5/08)
Magistrate Rejects "State Secrets" Claim in Watch List Suit
A federal magistrate ruled that a Chicago businessman is entitled to know if he is on the government’s watch list for suspected terrorists. Federal attorneys had argued the information was covered by the “state secrets privilege” and release would jeopardize national security. Judge Sidney Schenkier disagreed, ordering that some records be turned over and that he be given others for an in camera review. (4/28/08)
White House Argues Separation of Powers in Visitor Logs Case
In its continuing effort to keep White House visitor logs confidential, the administration contended in federal appellate arguments that the White House is not subject to the Freedom of Information Act and the “separation of powers” doctrine precludes either the courts or Congress from doing anything to change that. Government lawyers argue the president and vice president must be able to solicit advice privately. They said a public interest group’s request for Secret Service records at the White House was an end-around that should not be sanctioned by the court. (4/21/08)
Guantanamo Trial Will Be Telecast to 9/11 Families -- Only
The Pentagon said it will televise the Guantanamo trial of Khalid Sheikh Mohammed, charged as one of the planners of 9/11, but only for relatives of those killed in the attacks.The broadcasts will be to four military bases in the Northeast and Mid-Atlantic. (4/18/08)
Supreme Court Weighs a One-Strike Rule on FOIA Requests
The U.S. Supreme Court heard oral arguments on whether a Freedom of Information Act request can be refused simply because an identical request has been unsuccessfully litigated, particularly if the requesters are associated in some way. The court in its questioning seemed to have doubts about the Federal Aviation Agency’s refusal to consider a request for records on a rare aircraft because it had denied and then litigated a similar request from a client of the requester. (4/16/08)
Prosecutors, Using Phone Records, Press for Sources of Leaks
Former government officials have been called before a federal grand jury to explain phone records showing phone calls from a New York Times reporter covering intelligence issues at, the Times reported. The reporter, James Risen, is fighting a grand jury subpoena demanding his testimony on sources for a 2006 on the CIA. It’s not clear whether the Justice Department had obtained Risen’s phone records or those of agency officials. (4/16/08)
Picketers in South Carolina Demand a More Open Government
It’s not a cause that often draws pickets, but some 20 residents of Anderson County, S.C., paraded in front of the courthouse demanding their right to know about an audit of the county’s finances. They also called for citizens and the media to have full access to public records.
“It’s our money, and we deserve to know,” said one protester. (5/7/08)
Council Puts a Little Openness into Its Secret Meetings
Saying it has always had an interest in being open, the Borough council in Washington, NJ, adopted a resolution calling on itself to provide more advance information on its meetings. Well, not just any meetings. Its secret meetings. Now the council will have to specify which of 11 specific reasons is prompting it to go behind closed doors. (5/8/08)
Judge Decides Nevada Governor's Gun Permit Data Is Private
A district judge in Reno rejected a newspaper’s suit for documents related to Gov. Jim Gibbons concealed weapons permit. The governor surrendered his permit earlier this year after it was revealed he hadn’t completed the required training for all of his nine pistols. The Reno-Gazette-Journal said it would appeal. (5/8/08)
Judge: SC Paper Can Publish Jail Tapes of State Senator's Calls
A circult judge in South Carolina cleared the way for the Charleston Post and Courier to publish recordings of phone calls made by state Sen. Randy Scott from the Greenwood city jail after he was arrested for driving under the influence. Judge James Williams rejected a request from Scott’s lawyers to injoin the paper, noting that the tapes were already posted on several political blogs. (5/8/08).
AG's Investigators Sue Missouri Governor Over E-Mail Destruction
An investigative team set up by Missouri’s attorney general has alleged in a law suit that aides to Gov. Matt Blunt top aides ordered other state employees to destroy copies of government e-mails in violation of the public records law. The suit says the effort to destroy the records failed because two supervisors in the Office of Administration refused to follow the directive. A spokesman for Gov. Blunt, noting Attorney General Jay Nixon plans to run for governor next year, said the suit was “politically motivated..” (5/6/08)
Ohio E-mail Dispute Goes Back to State's Supreme Court
The Toledo Blade and the Seneca County Commission asked the Ohio Supreme Court to rule on whether e-mails received by commissioners are public record. The court last fall asked the two parties to try to negotiate a settlement on records sought by the paper. But the Blade said any agreement would affect only the two parties, and not the public or the Blade on future requests. (5/6/08)
Iowa Governor Directs Agencies to Add Legal Fees to Records Release Costs
Iowa Gov. Chet Culver, whose office recently received two requests for extensive selections of e-mails from the Des Moines Register, has advised state agencies to begin charging records requesters the cost of having an attorney review the documents sought. The policy change could prove expensive for those seeking public records. The governor’s office told the Register one of its requests would cost more than $20,000.
(5/6/08)
SF Mayor, Citing Budget Problems, Vetoes Bill to Post Meetings Tapes
San Francisco Mayor Gavin Newsom vetoed an ordinance that would have required audio and video recording of all noticed meetings held in city hall meeting rooms, and to archive the tapes for citizen retrieval on the city’s web site. Newsom said the goal is “laudable” but that he had just directed a series of budget cuts and the tapings would cost at least $125,000. (5/7/08)
Hawaii Legislature Approves Reporter-Source Shield Bill
The Hawaii legislature approved a reporter-source shield bill. If signed by the governor, Hawaii will become the 35th state, with the District of Columbia, to provide reporters with statutory protection when refusing to disclose information on confidential sources. Debate on the bill focused primarily on whether to include online writers and the final version requires Internet journalists to show they are serving a public interest. (5/1/08)
AP Sues West Virginia Supreme Court, Seeking Chief Justice's Records
The Associated Press filed suit to force the West Virginia Supreme Court to comply with the state’s Freedom of Information Act. The AP wants the court6 to release the it’s e-mails, visitor logs and other records of the chief justice. The AP filed an earlier suit seeking communications between the chief justice and the CEO of Mazssey Energy, with whom the judge had taken a 2006 European vacation while his company had several cases pending before the court. (5/1/08)
Rhode Island Senate Committee Votes to Shorten Wait for Records
The Judiciary Committee of Rhode Island’s Senate approved a bill that would require records custodians to release requested public records within seven days. There had been a 10-day limit. Police would have 24-hours to release incident reports. The only opposition came from Attorney General Patrick Lynch, who said it could hurt criminal investigations, although it had the support of the Rhode Island Police cChiefs Association. (5/2/08)
Tennessee Senate Approves New Public Records Bill
Tennessee’s Senate passed a public records bill that would give records custodians five days to respond to public information requests. It would also create an open records ombudsman at the state level and drop the current requirements that only residents of the state can make a records request. The vote was 30-0. The House is considering separate, more restrictive legislation. (5/2/08)
Boston Council Violated Open Meeting Law, Appellate Court Rules
A Massachusetts appeals court held that the Boston City Council violated the state’s open meetings law when it met privately to discuss a request from the Redevelopment Authority to extend an urban renewal program. The court also said the trial judge should allow more evidence on the question of whether nine other meetings were illegally convened. (5/2/08)
Lubbock Councilman Told to Jump FOI Hoops, Too
A Lubbock city councilman is unhappy that he’s had to jump through hoops – the same hoops the public has to navigate in filing a freedom of information request – to get information from an agency that gets more than $2 million a year in hotel-motel tax receipts. A spokesman for the agency says the law requires them to “treat all requesters uniformly.” (5/5/08)
Access to Attorney's Pay Records Denied Pending Outcome of Litigation
Cape Girardeau County denied two records requests from the Southeast Missourian, saying the records sought – names, rates of pay and reasons for the hiring of outside counsel – because the information relates to possible future lawsuits and could jeopardize attorney work product. The county said the information would be public after any legal work is concluded. (5/6/08)
Wisconsin AG: Personal Information in Accident Reports Is Public
Wisconsin Attorney General J.B. Van Hollen advised that police can release personal information obtained from motor vehicle records in response to public records requests. The Wisconsin Freedom of Information Council and a group of newspapers had asked for the opinion to reconcile differences in the state open records and the federal driver privacy laws. (4/30/08)
Media Executives in Phoenix Sue Officials Involved in Their Arrest
Two Village Voice Media executives who were arrested last October for publishing details of a grand jury subpoena issued because of reporting in the Phoenix New Times have sued the Maricopa County sheriff, the county attorney and a special prosecutor who led the grand jury. The articles focused on real estate deals involving the long-time sheriff, Joe Arpaio. Charges against the newspaper executives were dropped and the special prosecutor fired. (5/1/08)
NJ Court Upholds Records Fee that Includes Lawyers' Hours
A New Jersey appeals court ruled that the state’s Division of law was acting within the public records law when it responded to a records request by asking the attorneys who drafted the mostly e-mail documents to decide what should be released and told the requesting group it would have to pay for their legal time, a total of $1,900. The New Jersey Foundation for Open Government dropped the request because of the cost, then sued for relief. (4/29/08)
Long After Dark, Iowa Legislature Kills Sunshine Law Reform
The Iowa legislature, operating long after sunset, killed a rewrite of the state’s sunshine laws before adjourning for the year. As the session drew to a close, the Senate passed the bill, which closed many loopholes in the public records and meetings laws and sent it to the House as part of the budget bill. Well after midnight, the House removed that section and passed the budget as it adjourned. (4/30/08)
Records Show Conflicting Reports on Boston Bridge's Safety
A independent inspection shows the century-old Longfellow bridge is in somewhat poorer condition than an earlier state study indicated. The state disputed the findings and refused to release the report until the Boston Globe filed a formal Freedom of Information Act request. The state said it is going ahead with recommended repairs even though it disagrees with the report’s conclusions.
Nevada Court Invalidates Tax Commission's Secret Refund
The Nevada Supreme Court ruled that the state’s Tax Commission violated the open meetings law when it approved a $40 million tax refund to a utility company. The court decision voids the 2005 refund. The court said that the commission’s “practice of closing the entirety of a session” at the request of a petitioning taxpayer violates the law. (4/28/08)
Maine Supreme Court Validates School Board's Executive Session
The Maine Supreme Court reversed a lower court ruling and said that the Portland School Committee die not have to allow the Press Herald to examine notes taken during an executive session. The court ruled that the committee had legitimately excluded the public from the 45-minute meeting to discuss the performance of the school superintendent and a $2.5 million budget shortfall. (4/28/08)
SC Governor Seals Concealled Gun Permit Information
South Carolina Gov. Mark Sanford signed into law a ban on disclosure of the names of those who have permits to carry concealed weapons. There are more than 61,000 permit holders in the state. Gov. Sanford, who has said in the past he considers permitting itself an infringement on individual rights, said he felt the right to bear arms out weighed the importance of government transparency. (4/18/08)
Pennsylvania Taps Illinois' Mutchler for Open Records Directorship
Pennsylvania Gov. Ed Rendell has recruited Terry Mutchler, Illinois’ public access counselor, to head his state’s first Office of Open Records. The office was created as part of the first revision of the state’s public records law in 50 years. Mutchler is a Pennsylvania native and graduate of Penn State University. She worked as a reporter for the Allentown Morning Call and The Associated Press in Harrisburg before getting a law degree. She’s been the Illinois point person on public records since 2004. (4/24/08)
County Told It Can't Treat Citizen Comments as Confidential
The Morgantown Dominion Post is going to be able to review the nearly 3,600 public comments Monongalia County received in response to a proposed ban on smoking. Circuit Judge Robert Stone ruled for the newspaper, saying that individuals who write to government officials on a public issue have no expectation of confidentiality. (4/28/08)
YESTERDAY’S NEWS
