Freedom of Information Act Change Would Give Government License to Lie

October 25, 2011 -

A proposed rule change to the Freedom of Information Act would give federal agencies a special exemption when it comes to certain types of information requests. The change would allow agencies to tell citizens requesting certain law-enforcement or national security documents that records don’t exist – even when they do.

Under current rules of the FOIA, the government may withhold information and say that it can "neither confirm nor deny" the existence of such records. The new changes would give them a license to lie. The new proposal is part of a lengthy rule revision by the Department of Justice. Open-government groups object.

"We don’t believe the statute allows the government to lie to FOIA requesters,” Mike German, senior policy counsel for the American Civil Liberties Union told ProPublica. Obviously the group opposes the provision.

The ACLU, Citizens for Responsibility and Ethics in Washington and OpenTheGovernment.org said that this change would “dramatically undermine government integrity by allowing a law designed to provide public access to government to be twisted."

Advocacy groups propose different language: something along the lines of "you have requested …records which, if they exist, would not be subject to the disclosure requirements of FOIA..."

Advocacy groups also say that the proposed rule change could undermine judicial proceedings.

In a recent case brought by the ACLU of Southern California, the FBI denied the existence of documents, but the court later found that documents did exist. The judge on the case, U.S. District Judge Cormac Carney wrote in his decision that the “Government cannot, under any circumstance, affirmatively mislead the Court.”

The DOJ draft FOIA rule was published in March, but it re-opened comment submissions in September at the request of advocacy groups. The new comment period ended on October 19. The DOJ had no comment on the story written by ProPublica.

Source: ProPublica

Image provided by Shutterstock. All rights reserved.


Comments

Re: Freedom of Information Act Change Would Give Government ...

Imagine if the government (the entity as well as individuals operating within it) had to operate on the idea of The Truth, The WHOLE Truth, And Nothing But The Truth.

Apparently, someone feels that if FOX News can affirm in a court of law that knowingly and intentionally lying to and deceiving its audience is protected by the First Amendment, then MAYBE the government or one of its agencies, can do so also and claim that the First Amendment protects IT.

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: Freedom of Information Act Change Would Give Government ...

It doesn't matter who's in charge, nothing changes (for the better).

Re: Freedom of Information Act Change Would Give Government ...

And I think to myself, "What a wonderful world..."

Re: Freedom of Information Act Change Would Give Government ...

Scary idea.. one branch of the government having permission to lie to another?

 
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Thomas RiordanDon't feel bad. I posted the same thing last night and deleted it once I realized it wasn't real.08/31/2014 - 11:13pm
E. Zachary KnightAh. The report actually read serious to me. Oh well. At least it didn't happen.08/31/2014 - 7:46pm
ConsterAlthough apparently someone who was in a swatting ring in Texas took a plea for up to 5 years in July.08/31/2014 - 7:14pm
ConsterProbably because it's a satire site.08/31/2014 - 7:13pm
E. Zachary KnightI agree that the kid should be punished, but the charge and sentence seem a bit overboard to me. http://nationalreport.net/15-year-old-swatted-domestic-terrorism/08/31/2014 - 6:56pm
Andrew EisenI get a "page doesn't exist."08/31/2014 - 11:50am
MaskedPixelantehttps://twitter.com/Nevelets/status/506076879309508608 What we're currently supposed to be offended by, or whatever.08/31/2014 - 10:10am
MechaTama31AE: Probably snarky commentary on this: http://www.gamepolitics.com/2014/08/29/principle-player-leland-yee-arms-trading-case-dies08/30/2014 - 8:43pm
Andrew EisenConster - Don't know. Got a link to whatever you're referring to?08/30/2014 - 7:04pm
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MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
 

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