Update 7/27/05
July 27, 2005
Attorney General Alberto Gonzales told the Associated Press yesterday that he would review the Ashcroft memo. While his collateral comments weren’t particularly encouraging – “Congress has determined that certain information can be protected under certain exemptions under FOIA. And so we're simply taking action consistent with what Congress has determined is good policy”— his promise to “go back and take a look” opens the door at least a little.
The Reporters Committee has agreed to take the lead in drafting a letter to Gonzales detailing our concerns with the current “guidance” from Justice and suggesting moderating language. I’ll sent it along when ready and hope we can get every C JOG member to sign on.
On the FOIA legislation front, there’s little movement. The Cornyn-Leahy Impact Statement bill (Section 8 pulled from the larger OPEN Government Act) requiring any FOIA exemption in new legislation be explicitly identified, moved quickly through the Senate but has stopped cold in the House. It’s unlikely to go forward in the House Government Reform Committee at least until a second hearing on FOIA is held this fall. That’s also true for the OPEN Government Act, the comprehensive reform measure, and the related Faster FIOA bill, which would establish a study commission.
There are recurring reports the Administration itself may do something on FOIA to preempt Congress – either creating its own study group or naming the equivalent of an ombudsman, perhaps within Justice rather than independent of the administration as provided in the Cornyn-Leahy bill.
As the Washington wheels slowly turn, we hope that reporters will take any opportunities they have to ask members of Congress and federal officials about improving FOIA and that editorial boards will take advantage of interview opportunities they have to ask senators and representatives how they stand on FOIA reform.
Anything you can do within your organizations to spread the word will help.
FYI, there’s a new section in the Backgrounders section of the CJOG website, www.cjog.net that provides copies of the FOIA bills, section-by-section analysis of the OPEN Government Act, talking points, GAO and Congressional Research Service reports and transcripts of all of the testimony in the two congressional hearings so far on FOIA. If anyone needs more information, have them drop me a note: pweitzel@rcfp.org.
Pete Weitzel
