Quote:
Originally Posted by Undertoad
Re, all that said... from what I've read, a new AG generally issues a new policy on these things by memo. But it is a remarkable thing -- and when I say remarkable, I mean in a good sense -- that O issued the memo himself. It gives the policy much more weight. It's something that he will be judged upon by the responsiveness of the whole Federal government, and it means much more than a campaign promise.
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Perhaps its a matter of tone.
The Reno
memo suggested that requests were only to be denied if there was “foreseeable harm” in releasing the documents.
The Ashcroft memo suggested that agecies could deny FOIA requests as long as there was a “sound legal basis” for doing so. Ashcroft issues a second memo after 9/11
From a GAO report on the impact of the Ashcroft memo:
Quote:
Federal agencies are limiting public access because of a 2001 memo from Attorney General John Ashcroft, according to a congressional watchdog agency.
The General Accounting Office (GAO) released a report saying, a significant percentage of Freedom of Information Act (FOIA) officers have reduced the amount of information available to the public because of Attorney General John Ashcroft’s infamous October 2001 memo. Ashcroft’s memo instructed agencies to exercise greater caution in disclosing information requested under FOIA.
The GAO investigated the impact of Ashcroft’s memo, in response to a request from Sen. Patrick Leahy (D-VT). GAO’s methodology included reviewing FOIA policy documents and surveying 183 FOIA officials at 23 federal agencies.
Almost a full third of the total number of FOIA officials surveyed (31 percent) reported that because of the memo there was a decreased likelihood that their agencies would make a discretionary release of information. Additionally, one-fourth of the FOIA officials surveyed reported that Ashcroft’s memo has changed the use of specific FOIA exemptions. For a single memo the impact indicated by this simple survey is considerable.
http://www.ombwatch.org/article/articleview/1821/1/189/
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Following the issuance of the Ashcroft memorandum, Justice changed its guidance for agencies on FOIA implementation to refer to and reflect the two primary policy changes in the memorandum. First, under the Ashcroft memorandum, agencies making decisions on discretionary disclosure are directed to carefully consider such fundamental values as national security, effective law enforcement, and personal privacy; the Reno memorandum had established an overall “presumption of disclosure” and promoted discretionary disclosures to achieve “maximum responsible disclosure.”
Second, according to the Ashcroft memorandum, Justice will defend an agency’s withholding information if the agency has a “sound legal basis” for such withholding under FOIA; under the Reno policy, Justice would defend an agency’s withholding information only when the agency reasonably foresaw that disclosure would harm an interest protected by an exemption.
GAO report (pdf)
http://www.gao.gov/new.items/d03981.pdf
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The Obama memo restores and promotes a "presumption of disclosure" rather than seeking a "sound legal basis" not to disclose.
The more open the government...the more accountable!