Editore"s Note
Tilting at Windmills

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January 22, 2009

OBAMA, FOIA, AND BUSH.... Fresh off his explanation that he's rooting against the United States for the next four years, Rush Limbaugh argued yesterday that Barack Obama's commitment to transparency and accountability might "make it easier for the media to go get Bush documents."

If the goal is to keep important government information shielded from public scrutiny, Rush is probably right to be worried. Obama announced yesterday that he's changing the way Freedom of Information Act requests are dealt with, making it easier for Americans to access materials.

In particular, Obama said:

"Going forward, anytime the American people want to know something that I or a former president wants to withhold, we will have to consult with the Attorney General and the White House Counsel, whose business it is to ensure compliance with the rule of law. Information will not be withheld just because I say so. It will be withheld because a separate authority believes my request is well grounded in the Constitution."

Notice that part about "I or a former president"? It led Tim Dickinson to note, "Obama has just rescinded the rule that would have let Bush's heirs continue to claim executive privilege over his papers."

Is that right? It seems like it. Bush put measures in place to help keep his records under wraps, and Zachary Roth explained, "[I]t certainly seems possible that on his first full day in office, the new president has dealt significant a blow to the Bush administration's efforts to permanently keep information from the public."

Good.

Update: The LA Times had a good summary of Obama's first day orders on transparency:

The first order effectively undid a Bush administration policy that had restricted the release of presidential documents -- a rule that had been challenged in court by the National Security Archives and by historians.

Bush's rule allowed former presidents, vice presidents and their heirs to cite executive privilege to block the release of documents after they have left office. With his order, Obama essentially threw out that rule, allowing only the current president to block the release of documents and depriving heirs of that right.

The second Obama order was designed to reinvigorate the Freedom of Information Act. Open-records advocates have complained that a memo by former Atty. Gen. John Ashcroft in 2001 encouraged executive branch officials to delay or halt the release of documents requested under the law.


Steve Benen 9:20 AM Permalink | Trackbacks | Comments (23)
 
Comments

"...make(ing) it easier for the media to go get bush documents."
um, rush? don't mean to belabor the obvious here, but that's what the freedom of information act is supposed to do.

Posted by: mellowjohn on January 22, 2009 at 9:30 AM | PERMALINK

Stayed glued to your TV sets, to hear BillO denounce Rush as being unAmerican for his comment about not wishing President Obama to be successful. BillO has, certainly, railed against those who didn't agree with Shrub. "They want him to fail...they want us to lose in Iraq", he would scream.

Posted by: berttheclock on January 22, 2009 at 9:33 AM | PERMALINK

"[I]t certainly seems possible that on his first full day in office, the new president has dealt significant a blow to the Bush administration's efforts to permanently keep information from the public."

Bwa haha hahahahahahaha!

Oh, I'm sorry - did I say that out loud?

Posted by: trex on January 22, 2009 at 9:35 AM | PERMALINK

LIMBAUGH: What I’m afraid of is what Obama’s done here is made the gathering of the information for this kind of stuff– This is not American. This is not America. This is not what America does. We don’t– This is Banana Republic kind of stuff.

So, to summarize wingnut thought: People have absolutely no right to privacy anymore because we're in a war on terror, so when the NSA records all of your phone calls and internet activity, that's okay because you have nothing to worry about as long as you didn't do anything wrong. On the other hand, our supposedly democratic government has not only a continued right to privacy, but an obligation to keep everything it does secret from it's citizens and to do otherwise would be un-American, especially if they have done something wrong.

I say with certainty that I couldn't listen to even 5 minutes of Rush's show unless I had some of whatever he is on to help me zone out.

Posted by: Shalimar on January 22, 2009 at 9:37 AM | PERMALINK


Pretty smart move on Obama's part. This move guarantees a steady flow of revelations of Bush Administration abuses for months to come, which ought to keep the media busy, and remind a public with a short memory just how bad things were under Bush.

Which is why Rush is not happy: work, work, work

Posted by: Lab Partner on January 22, 2009 at 9:43 AM | PERMALINK

The 'heirs' part is creepy to me. I can't imagine Jenna or Barbara Bush keeping their father's papers secret after Dubya goes to the big ranch in the sky.

Posted by: robertdsc on January 22, 2009 at 9:50 AM | PERMALINK

I think Bush put that rule in place to enable his dad to not release all the documents, which would have been during Dubya's term, showing how deeply he was involved with illegality during Iran-Contra, which was swept under the rug at the beginning of the Clinton administration.

Posted by: Napoleon on January 22, 2009 at 9:50 AM | PERMALINK

Here's a "solution" to all of Rush Limbaugh's problems: Put him in a tiny, soundproof room, and give him a Luger with its only bullet already chambered. Then, tell him to "do the right thing for America for once"---and close the door.

Posted by: Steve W. on January 22, 2009 at 9:54 AM | PERMALINK

Why am I guessing Bush took a few pallet loads, if not truck loads, of "presidential papers" while his order was still in effect? Maybe because he's done it before.

Posted by: Danp on January 22, 2009 at 9:55 AM | PERMALINK

Isn't there an argument here that some of what was in Obama's Executive Order should be legislatively codified? I'm very pleased with Obama's decision. But what is to prevent a future administration of unilaterally reinstating Bush's restrictive policy? I'd like to see the Congress weigh in if only to ensure a legal fight if and when a future administration decides to shield information from public view.

Posted by: MBinNC on January 22, 2009 at 10:05 AM | PERMALINK

This is great news and I think it could turn out to be really important down the road. We may yet get confirmation of the abuses and law breaking by the Bush administration. It will then be interesting to see what's done with this knowledge.

Posted by: jrw on January 22, 2009 at 10:06 AM | PERMALINK

I happened to catch Rush on Hannity last night. He was definitely on something. Slurred speach. Fatter than a horses ass,railing about Obama. Just an all around really unflattering picture of excess. He's like the crazy uncle at the family reunion that is drunk but won't shut up.

Posted by: Scott F. on January 22, 2009 at 10:19 AM | PERMALINK

Can we please refer to this as the new glasnost and draw the abundant parallels to the Soviet era wit their surveillance state, state-run media and hyper secrecy?

Posted by: AlphaLiberal on January 22, 2009 at 10:24 AM | PERMALINK

The Hague. Here we come. I hope this is just the first of many pee rings that will form an irregular stain in Limbaugh's and his ilk's pants. I'd go for staining the backside too. Go for it Obama. No one, no one, is above the law. pee away you right wing nuts

Posted by: stevio on January 22, 2009 at 10:28 AM | PERMALINK
Why am I guessing Bush took a few pallet loads, if not truck loads, of "presidential papers" while his order was still in effect? Maybe because he's done it before.
Well, they tried, but then Cheney pulled that muscle in his back and the schedule was thrown all to hell... Posted by: Bernard HP Gilroy on January 22, 2009 at 10:28 AM | PERMALINK

Seriously, does anyone think Bush even LEFT any documents behind? Please. The shred party probably went on for months.

Posted by: True on January 22, 2009 at 10:32 AM | PERMALINK

Does the redo of the oath of office imply that orders signed between teh two oaths are not valid?

Posted by: JDM on January 22, 2009 at 10:42 AM | PERMALINK
Seriously, does anyone think Bush even LEFT any documents behind? Please. The shred party probably went on for months.
Except this is the paragon of the Gang That Couldn't Shoot Straight. They'll have missed something. Someday we'll get prosecutions and it will be on the basis of some document tucked away somewhere that they thought they'd deleted. Posted by: Bernard HP Gilroy on January 22, 2009 at 10:45 AM | PERMALINK

It is greatly heartening that that Executive Order containing the bullshit of getting former presidents consent before releasing information has been recinded. That was completely heinous in my eyes and 100% at odds with what democracy is about.

Posted by: MsJoanne on January 22, 2009 at 10:47 AM | PERMALINK

I'm starting to like this Obama guy.

Posted by: Boronx on January 22, 2009 at 11:10 AM | PERMALINK

Actually Obama made the process of asserting executive privilege more transparent, in a very important way: in order to exert executive privilege, both the WH Council and the AG must present the case directly to the president (if either thinks the privilege should be exerted). So, the privilege is exerted only by the president himself, after listening to the arguments for (note, that there are other reasons to not release information which will apply in many cases).

The process is like this:

The archivist notifies the former or incumbent that the info is going to be released.

If no claim is made within 30 days, the info can be released. Otherwise within that 30 days the WH Council and AG must review and at least one of them must conclude that the privilege should apply, then the president must agree.

So for the next four years we will know that any exercise of EP has been reviewed and approved by Obama.

That is buck stopping!

Posted by: tomj on January 22, 2009 at 11:42 AM | PERMALINK
The Hague. Here we come.

I think a more appropriate venue is the US District Court for the District of Columbia. The Hague is all fallback when individual nations can't, or won't, fulfill their obligations under international law to prosecute war criminals.

Posted by: cmdicely on January 22, 2009 at 11:42 AM | PERMALINK

Great. Now the Senate should pass HR 35 and make this all a lit harder for the next guy to overturn on day one.

Is this why, by the way, the Holder nomination is tied up? Maybe cornyn thinks he can find something in Clinton's papers, since they're less protected now? Or is that giving him too much credit?

Posted by: Northzax on January 22, 2009 at 4:01 PM | PERMALINK




 

 
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