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Posts Tagged ‘Unprecedented Level’

Obama Administration FOIA Exemption Claims Rise 50% Over Bush

Tuesday, March 16th, 2010

The Obama Administration has increased the use of so-called "exemptions" to the Freedom of Information Act about 50% over the Bush Administration

In a startling review issued today by the Associated Press regarding Freedom of Information Act (“FOIA”) requests, it was revealed that the Obama Administration substantially increased the  use of so-called “exemptions” to disclosure under FOIA, effectively undermining the many  rhetorical claims by President Barack Obama that his administration will be the “most open and transparent in history.” The AP explains the findings of its review:

WASHINGTON — The government’s use of legal exemptions to keep records secret rose during President Barack Obama’s first year in office, despite promises of increased openness, an Associated Press review found.

The review of annual Freedom of Information Act reports filed by 17 major agencies found that overall, the use of nearly every one of the open-records law’s nine exemptions to withhold information rose in fiscal year 2009, which ended last October.

Among the most frequently used exemptions: one that lets the government hold back records that detail its internal decision-making. Obama had directed agencies to stop using that exemption so frequently, but that directive appears to have been widely ignored.

Major agencies cited that exemption to refuse records at least 70,779 times during the 2009 budget year, compared with 47,395 times during President George W. Bush’s final full budget year, according to annual FOIA reports filed by federal agencies.

An increase of 23,384, a nearly 50% (49.34%) increase, in the amount of FOIA exemption claims in the first fiscal year of the Obama Administration versus the final fiscal year of the Bush Administration clearly demonstrates that President Obama has failed in his asserted quest to create an “unprecedented level of openness in Government.” Indeed, most of the establishment media coverage of the Obama Administration regarding transparency has focused on praising the Administration based on such rhetorical pronouncements by Obama.  Now, with the actual FOIA exemption claim numbers for Obama’s first year as rising by 50% over Bush’s final full year, one can only hope that such misleading reporting is corrected by the establishment media.

Amazingly, the brazen Obama managed to issue a statement today crowing about how his Administration is the most transparent in history, despite the indisputable facts regarding the massive rise in FOIA exemption usage:

As Sunshine Week begins, I want to applaud everyone who has worked to increase transparency in government and recommit my administration to be the most open and transparent ever, an effort that will strengthen our democracy and ensure the public’s trust in their government.

We are proud of these accomplishments, but our work is not done. We will continue to work toward an unmatched level of transparency, participation and accountability across the entire Administration.

Perhaps the establishment media will report upon this clearly misleading Obama statement, especially in relation to the unmentioned 50% increase in FOIA exemption claims by his Administration, in the days to come and bring some level of honesty to the media’s reporting on the transparency issue. Obama’s statement, on his first full day in office as President, claiming that broadly granted FOIA requests are the key to an open government is a timely reminder of how far removed the first year of Obama’s government has been from the rhetoric used by President Obama on the issue of open and transparent government:

The prolific use of FOIA exemptions is one measure of how far the federal government has yet to go to carry out Obama’s promise of openness. His first full day in office, Obama told agencies the Freedom of Information Act, “which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open government.”

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