Donald Trump Has Another Brutal Post About Joe Biden
'ISIS Dry Run'? We Know How Two Jordanians Tried to Infiltrate a US...
'Wait, They Left': College Kids Stumped By Simple Questions About Israel and Hamas
Morehouse Might Cancel Graduation Ceremonies 'On the Spot' if This Happens During Biden's...
What if Biden Wins in November? Part One
Biden's Tariffs Are Bad. Biden's Tariffs Coupled With EV Mandates Are Even Worse.
The Despicable Crime of Indoctrinating Young Children
NYT Claims Justice Samuel Alito Sent 'Stop the Steal' Message Outside His Home
Why These Voters Say the Trump Trial Is Backfiring on Democrats
Trades Keep America Running, and We Need Them Now More Than Ever!
Sham Elections Garner Farcical 8 Percent Support in Iran
Heil Harvard!
A Californian Visits the U.S.A.
False Bravado: Joe Biden is our Debater-in-Chief?
Happy Anniversary to Lois Lerner!
Tipsheet

Obama DOJ Pressing For Less Transparency

There are some new and exciting developments from the most transparent administration ever. Word surfaced today that the Department of Justice is pressing for new regulations that would allow the government to falsely claim that documents requested under FOIA don't exist. Oh, and there would be no judicial review.

Advertisement

It's not often that the liberal American Civil Liberties Union and conservative Judicial Watch agree on anything, but the Obama administration's lack of transparency has brought the two together. Obama's Justice Department has proposed a regulatory change that would weaken the Freedom of Information Act. Under the new rules, the government could falsely respond to those who file FOIA requests that a document does not exist if it pertains to an ongoing criminal investigation, concerns a terrorist organization, or a counterintelligence operation involving a foreign nation.

There are two problems with the Obama proposal to allow federal officials to affirmatively assert that a requested document doesn't exist when it does. First, by not citing a specific exemption allowed under the FOIA as grounds for denying a request, the proposal would cut off a requestor from appealing to the courts. By thus creating an area of federal activity that is completely exempt from judicial review, the proposal undercuts due process and other constitutional protections. Second, by creating a justification for government lying to FOIA requestors in one area, a legal precedent is created that sooner or later will be asserted by the government in other areas as well.

Advertisement
Just when I thought the current DOJ couldn't find any new ways to weaken FOIA, along comes another one. They've already appealed a judge's ruling that would require the White House to release all of its visitors logs, denied information regarding Solyndra to the extent that the House is threatening to serve supoenas, and appointed their own people to deal with FOIA requests. And who could forget this?
 
Maybe it's time to make transparency an issue in 2012.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement