http://blogs.cqpolitics.com/davidcorn/2009/01/the-money-quote-of-obamas-firs.htmlThe Money Quote of Obama's First Day: "Openness Prevails"
By David Corn | January 21, 2009 10:25 PM
Day One was a pretty good day.
First off, President Barack Obama kept the nation safe from terrorist attack. And he also started un-Bushing the nation. He did the latter by issuing a series of executive orders and memos. One mandated that the military commissions under way at Guantanamo Bay be halted for 120 days. Another reshaped government policy so that it will be harder for ex-President George W. Bush (and other former residents of 1600 Pennsylvania Avenue) to block the release of their administration's records.
A third dealt with an issue near and dear to my heart: the Freedom of Information Act. I've been using this good-government law for years to pry information out of the federal government, and over the past two decades it has become emasculated. Some agencies have taken up to almost ten years to respond to FOIA requests I've submitted. (Foggy Bottom, I'm talking about you!) That can make FOIA useless--and damn irritating--for journalists and authors. As a symbol of open government, FOIA has become a tattered, worn-out flag.
Today, Obama tried to restore some of its lost luster. In a memo he sent to the heads of federal agencies and executive departments, he declared:
A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, "sunlight is said to be the best of disinfectants." In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.
The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve.
In the face of doubt, openness prevails. That is not a sentence that was ever uttered by Dick Cheney. And it represents a fundamental shift in the US government: Obama is embracing transparency and accountability. And while FOIA may seem a boutique issue to some, it represents a basic attitude adjustment. If the government truly is for we the people, then secrecy ought to be minimized, not maximized, and the head of the government should make available all information that s/he can without compromising national security or causing undue harm. Arrogant leaders abuse secrecy, believing they know best. With this order, Obama is sending the message that he has a different--and more democratic--view of the relationship between those who govern and those who are governed.
Most Americans will never file a FOIA request. But Obama's policy regarding them is a sign that there will be real change in Washington.