Thursday, November 12, 2009

Nation & World

Keeping Secrets

The Bush administration is doing the public's business out of the public eye. Here's how--and why

By Christopher H. Schmitt and Edward T. Pound
Posted 12/14/03
Page 8 of 9

Initial contracts to rebuild Iraq, worth billions of dollars, were awarded in secret. Bids were limited to companies invited to participate, and many had close ties to the White House. Members of Congress later pressed for an open bidding process.

Many public interest groups report that government agencies are more readily denying Freedom of Information Act requests--while also increasing fees, something small-budget groups say they can ill afford. The Sierra Club, for example, has been thwarted in getting information on problems at huge "factory farms" that pollute rivers and groundwater. Says David Bookbinder, senior attorney for the group: "What's different about this administration is their willingness to say, `We're going to keep everything secret until we're forced to disclose it--no matter what it is.' "

The administration is undeterred by such complaints. "I think what you've seen is a White House that has valued openness," says Daniel Bryant, assistant attorney general for legal policy, and "that knows that openness with the public facilitates confidence in government."

That's not the way Jim Kerrigan sees it. He operates a small market-research firm in Sterling, Va., outside Washington. For more than a decade, he has forecast federal spending on information technology. Three months after Bush took office, the Office of Management and Budget issued a memo telling government officials to no longer make available such information so as to "preserve the confidentiality of the deliberations that led to the president's budget decisions."

As a result, Kerrigan says, information began to dry up. Requests were ignored. And the data he did get came with so much information censored out that they were barely usable. The fees Kerrigan paid for a request, which once topped out at $300, jumped to as much as $6,500. "I can't afford that," he says. "This administration's policy is to withhold information as much as possible."

Key Dates: Secrecy and the Bush Administration

INAUGURATION DAY (1/20/01) Administration freezes Clinton-era regulations, without allowing for public comment.

10/12/01 Attorney General John Ashcroft, reversing Clinton policy, encourages agencies to deny Freedom of Information Act requests if a "sound legal basis" exists.

10/26/01 President Bush signs U.S.A. Patriot Act, expanding law enforcement powers and government surveillance.

2/22/02 Congress's General Accounting Office sues Vice President Dick Cheney for refusing to disclose records of his energy task force; the GAO eventually loses its case. A separate private case is pending.

3/19/02 White House Chief of Staff Andrew Card directs federal agencies to protect sensitive security information.

11/25/02 Bush signs Homeland Security Act. Its provisions restrict public access to information filed by companies about "critical infrastructure," among other matters.

01/3/03 Administration asks, in papers filed before the Supreme Court, for significant narrowing of the Freedom of Information Act.

3/25/03 Bush issues standards on classified material, favoring secrecy and reversing provisions on openness.

Key Dates: Secrecy and the Bush Administration

Inauguration Day (1/20/01) Administration freezes Clinton-era regulations, without allowing for public comment.

10/12/01 Attorney General John Ashcroft, reversing Clinton policy, encourages agencies to deny Freedom of Information Act requests if a "sound legal basis" exists.

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