Department of Homeland Security Finds FOIA to be “Politically undesirable”!
In theory, the Freedom of Information Act (FOIA) guarantees the legal right of the American public to obtain federal agency records. Judicially enforceable, FOIA was designed to ensure public access to Executive Branch records. The U.S. Supreme Court has stated that FOIA’s purpose “is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold governors accountable to the governed.”
In practice, FOIA morphed into a monstrosity that not only denies citizens their right to obtain information, but causes some of the requesters to become targets of investigations. The Supreme Court has consistently held that FOIA does not permit agencies to investigate either FOIA requesters or their reasons for submitting requests. In 2004, the Supreme Court held that “[a]s a general rule, withholding information under FOIA cannot be predicated on the identity of the requester.”
President Obama pledged to foster a new era of openness and transparency. On his first day in office, he issued memoranda relating to transparency and open government issues, including “Freedom of Information Act” and “Transparency and Open Government”. Inspirational speeches are great, but actions speak louder than words. The record reflects that during Obama’s presidency FOIA has become even less transparent than before. Those asking the questions and telling the truth are being prosecuted and otherwise attacked at the rate surpassing all prior American presidencies.
Undeterred by the facts, the so-called privacy advocates and government watchdogs (financed largely by the President’s supporters) recently bestowed a Transparency Award upon Obama. Come election time, it will undoubtedly be used to exemplify this administration’s achievements in the area of enhanced transparency. While the Transparency Award is resting next to the Nobel Peace Prize on the Presidential mantel, let’s examine the facts.
One of the government’s most despised agencies, the Department of Homeland Security, has been hard at work trying to steam-clean the wrinkly uniform of its public image. The House Committee on Oversight and Government Reform recently completed an 8-month investigation that exposed the DHS under Secretary Janet Napolitano of corrupting the agency’s FOIA compliance procedures, exerting political pressure on FOIA compliance officers, and undermining the federal government’s accountability to the American people.
A New Era of Openness? How and Why Political Staff at DHS Interfered with the FOIA Process
Sounds bad? Just wait, because it’s a lot worse than you might think. The DHS staff attempted to frustrate the Congressional investigation through official non-cooperation, tampered with witnesses and even tried to steal Committee documents. Yes, you’re reading this right. After a witness interview on March 4, 2011, Reid Cox (one of the DHS lawyers) stuffed Committee’s exhibits into his bag and headed straight for the door. Republicans and Democrats alike protested that the Department’s attorney couldn’t leave with the Committee’s exhibits. Cox disagreed and kept on going. The report noted, “Any attempt to steal Committee documents is a serious matter. If the motive for stealing Committee documents is to use them to conduct a forensic investigation to identify a Committee source, it creates an extremely sensitive situation. The Department was notified that any future efforts to remove documents would not be tolerated.”
In a March 4, 2011 e-mail to the DHS’ Assistant Secretary for Legislative Affairs Nelson Peacock, members of the Congressional committee stated: “[W]e have had some bizarre exchanges with your lawyers. They keep trying to steal the exhibits we show the witnesses.”
What was in those exhibits that the agency is so determined to hide? Some of the highlights include the evidence that career FOIA professionals at the DHS have been stymied in their statutory compliance by the unprecedented intrusion of Napolitano’s political appointees, also known as the “Front Office” staff (Noah Kroloff, John Sandweg, Amy Shlossman, Julia Fox and Jordan Grossman). Chief Privacy Officer and Chief FOIA Officer is another one of Napolitano’s political appointees, Mary Ellen Callahan. Read more
