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The comparisons made between the Obama and Nixon administrations' drive for secrecy are actually a misnomer. Many believe that no administration comes even close to the amount of extreme control the Obama administration tries to exercise over the release of information that is even produced by other Federal agencies.
The administration that vowed to be the most transparent in history now must defend itself against a federal lawsuit accusing it of thwarting the release of public information. It's a case that could reveal just how much
politicsinfluences the processing of Freedom of Information Act requests, especially when such releases could embarrass the president.
The
civicwatchdog group
Cause of Actionon Monday sued the
Obama administration, claiming that presidential attorneys have interfered improperly in the release of public documents under the landmark
FOIAlaw in an effort to curb the release of derogatory information about the
White House.
The lawsuit, filed in U.S. District Court for the District of Columbia by the nonpartisan
Cause of Action, names 12 federal agencies that the group says slowed the release of
documentsso officials could consult with
White Houseattorneys under a review process established in spring 2009.
FOIAanalysts say this practice never occurred in prior administrations.
The process gave
White Houseofficials review authority over documents that mentioned the
White Houseor presidential aides, and was based on an April 15, 2009, memo by
White HouseCounsel Gregory Craig that instructed all federal agencies to consult with President Obama's attorneys on the release of documents containing "
White House equities."
The lawsuit contends the term "
White Houseequities" was never mentioned in the
FOIAlaw and has been used to delay the legitimate release of public information.
"The
White Houseis demanding access to records and otherwise influencing agencies'
FOIAobligations to produce responsive documents in a manner that is not countenanced by the law,"
Cause of Actionargued in its lawsuit. "Indeed, the 'most transparent administration in history' has injected itself into a process (
FOIA) presumably to self-regulate what agency records are produced to the public."
The lawsuit references a June 30 article in
The Washington Timesthat reported on the impact of the "
White Houseequities" memo and quoted
FOIAofficers at federal agencies who said the review process had been used to prevent the release of information embarrassing to the
Obama administration.
Cause of Action ExecutiveDirector
Daniel Epsteinsaid in an interview that the organization sued federal agencies that refused to disclose communications related to documents that the agencies had shared with the
White House. Although the initial complaint was filed under
FOIA, he said, other claims could be added.
"We are
simplysuing because we want the documents in these agencies that they have failed to produce," he said. "There is currently only one count in that there is a violation of
FOIA, but that is not to say that we may not later amend the complaint if we think other issues arise.
"We are statutorily entitled to documents that have not been produced," he added.
The
White House, in a statement Sunday to
The Washington Post, defended its record on openness, citing what it said was a huge number of
FOIArequests processed since Mr. Obama took office.
The president is "committed to a transparent and open
governmentand has taken unprecedented steps to ensure that members of the public have access to information," the statement said, noting that administration agencies and departments processed almost 680,000
FOIArequests last year, the third consecutive year of processing increases. The
White Housealso has argued, despite its critics, that it is simply following precedent set by previous administrations on
FOIArequests in which "
White Houseequities" are involved.
Congressional interest? Anne Weismann, chief counsel of Citizens for Responsibility and Ethics in Washington, a nonpartisan watchdog group that has sued the
Obama administrationover
White Housevisitor logs, said the
Cause of Actionlawsuit is a "bread-and-butter
FOIAcase" but could force Congress to take greater notice.
"In this case, the lawsuit is trying to compel documents that could explain how the '
White Houseequities'
policyis being implemented," she said. "If it turns out that the policy is being used to intentionally slow the process, ... it could lead to congressional oversight."
Cause of Actionsent 22
FOIArequests in 2013 and 2014 to various federal agencies concerning their reviews of records by the Office of
White HouseCounsel and released a report in April about "
White House equities."
Because the
White Houseis exempt from
FOIA,
White Housereview of such requests occurs only in rare circumstances in which a
documentoriginated in the
White House.
One
FOIAofficer who worked in the George W. Bush and Obama administrations claimed to be "personally aware of multiple cases" in which records were sent to the
White House"
simplybecause they dealt with a politically hot topic."
"The records did not originate from or even mention the
White House," the officer said in an interview.
Another
FOIAofficer referred to the
policyas "Nixonian," saying the Obama
White House"not only wants to know what is sent out from the government, but also who's doing the asking."
'Tool of secrecy' David Cuillier, president of the Society of
ProfessionalJournalists, said the lawsuit is important but does not come as a surprise.
"It's one of many lawsuits the White House has had to face and continues to face over the years, and rightfully so," Mr. Cuillier said. "It should face this lawsuit because our government is out of control when it comes to excessive secrecy. They're using the FOIA as a tool of secrecy, not of openness."On July 8, the journalists group filed a letter urging President Obama to halt excessive management over information control. The letter targets Mr. Obama's media policies.
"We consider these restrictions a form of censorship - an attempt to control what the public is allowed to see and hear," the letter said.
Ginger McCall,
directorfor the Electronic Privacy Information Center Open Government Project, said public pressure could be applied usefully to the Justice Department, which is reviewing agency
FOIApolicy inconsistencies.
The Justice Department "has been tasked with crafting a uniform
FOIArule for all federal agencies," she said. "Therefore, they could
easilyadd language to their new, proposed uniform standards that prohibit the
White Housefrom interfering this way."
Mr. Epsteinsaid he believes the
White Houseequities policy is inconsistent with Mr. Obama's promises of transparency.
"The president has interjected himself into the
FOIAprocess, and record releases are being delayed as a result of that," he said. "It violates
FOIAbecause these
documentsshould have been forthcoming. It violates the spirit of
FOIAbecause transparency should not be delayed because of something the president or his
White Housestaff does."
Comment:The administration's memo/directive referring to 'White House
equities' is an interesting use of language in and of itself.
First, as mentioned in the article and video, it has no legal meaning whatsoever and, as such, should not wield the power of compelling other Federal agencies and departments who have received FOIA requests to
firstforward the documents relating to the Obama administration to the administration itself for their approval. This process reeks of an effort towards totalitarian control.
Secondly, when we look up the definition of equities, which is used rather opaquely here, we come up with this from Investopedia:
Definition of 'Equity '
1. A stock or any other security representing an ownership interest.
2. On a company's balance sheet, the amount of the funds contributed by the owners (the stockholders) plus the retained earnings (or losses). Also referred to as "shareholders' equity".
3. In the context of margin trading, the value of securities in a margin account minus what has been borrowed from the brokerage.
4. In the context of real estate, the difference between the current market value of the property and the amount the owner still owes on the mortgage. It is the amount that the owner would receive after selling a property and paying off the mortgage.
5. In terms of investment strategies, equity (stocks) is one of the principal asset classes. The other two are fixed-income (bonds) and cash/cash-equivalents. These are used in asset allocation planning to structure a desired risk and return profile for an investor's portfolio.
So, what else can one surmise from the use of the word
equityexcept that the White House or Obama administration thinks it somehow 'owns' all the other Federal agencies and should therefore have complete control over them as their owner? Perhaps it shouldn't come as any surprise since Obama himself was put into office and is, himself, owned by the financial services/banking industry; he essentially being an equity of the financial elite.
See also:
Moore: "Wall Street Has Their Man And His Name Is Barack Obama" 
