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US Sets New Record for Denying, Censoring Government Files

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In this March 9, 2015, file photo, President Barack Obama listens during his meeting with European Council President Donald Tusk in the Oval Office of the White House in Washington. For the second consecutive year, the Obama administration more often than ever censored government files or outright denied access to them under the U.S. Freedom of Information Act, according to a new analysis of federal data by The Associated Press. (AP Photo/Susan Walsh)

In this March 9, 2015, file photo, President Barack Obama listens during his meeting with European Council President Donald Tusk in the Oval Office of the White House in Washington. For the second consecutive year, the Obama administration more often than ever censored government files or outright denied access to them under the U.S. Freedom of Information Act, according to a new analysis of federal data by The Associated Press. (AP Photo/Susan Walsh)

TED BRIDIS, Associated Press

WASHINGTON (AP) — The Obama administration set a new record again for more often than ever censoring government files or outright denying access to them last year under the U.S. Freedom of Information Act, according to a new analysis of federal data by The Associated Press.

The government took longer to turn over files when it provided any, said more regularly that it couldn’t find documents, and refused a record number of times to turn over files quickly that might be especially newsworthy.

It also acknowledged in nearly 1 in 3 cases that its initial decisions to withhold or censor records were improper under the law — but only when it was challenged.

Its backlog of unanswered requests at year’s end grew remarkably by 55 percent to more than 200,000. It also cut by 375, or about 9 percent, the number of full-time employees across government paid to look for records. That was the fewest number of employees working on the issue in five years.

The government’s new figures, published Tuesday, covered all requests to 100 federal agencies during fiscal 2014 under the Freedom of Information law, which is heralded globally as a model for transparent government. They showed that despite disappointments and failed promises by the White House to make meaningful improvements in the way it releases records, the law was more popular than ever. Citizens, journalists, businesses and others made a record 714,231 requests for information. The U.S. spent a record $434 million trying to keep up. It also spent about $28 million on lawyers’ fees to keep records secret.

The government responded to 647,142 requests, a 4 percent decrease over the previous year. It more than ever censored materials it turned over or fully denied access to them, in 250,581 cases or 39 percent of all requests. Sometimes, the government censored only a few words or an employee’s phone number, but other times it completely marked out nearly every paragraph on pages.

On 215,584 other occasions, the government said it couldn’t find records, a person refused to pay for copies or the government determined the request to be unreasonable or improper.

The White House touted its success under its own analysis. It routinely excludes from its assessment instances when it couldn’t find records, a person refused to pay for copies or the request was determined to be improper under the law, and said under this calculation it released all or parts of records in 91 percent of requests — still a record low since President Barack Obama took office using the White House’s own math.

“We actually do have a lot to brag about,” White House spokesman Josh Earnest said.

Separately, the Justice Department congratulated the Agriculture and State departments for finishing work on their oldest 10 requests, said the Pentagon responded to nearly all requests within three months and praised the Health and Human Services Department for disclosing information about the Ebola outbreak and immigrant children caught crossing U.S. borders illegally.

The government’s responsiveness under the open records law is an important measure of its transparency. Under the law, citizens and foreigners can compel the government to turn over copies of federal records for zero or little cost. Anyone who seeks information through the law is generally supposed to get it unless disclosure would hurt national security, violate personal privacy or expose business secrets or confidential decision-making in certain areas. It cited such exceptions a record 554,969 times last year.

Under the president’s instructions, the U.S. should not withhold or censor government files merely because they might be embarrassing, but federal employees last year regularly misapplied the law. In emails that AP obtained from the National Archives and Records Administration about who pays for Michelle Obama’s expensive dresses, the agency blacked-out a sentence under part of the law intended to shield personal, private information, such as Social Security numbers, phone numbers or home addresses. But it failed to censor the same passage on a subsequent page.

The sentence: “We live in constant fear of upsetting the WH (White House).”

In nearly 1 in 3 cases, when someone challenged under appeal the administration’s initial decision to censor or withhold files, the government reconsidered and acknowledged it was at least partly wrong. That was the highest reversal rate in at least five years.

The AP’s chief executive, Gary Pruitt, said the news organization filed hundreds of requests for government files. Records the AP obtained revealed police efforts to restrict airspace to keep away news helicopters during violent street protests in Ferguson, Missouri. In another case, the records showed Veterans Affairs doctors concluding that a gunman who later killed 12 people had no mental health issues despite serious problems and encounters with police during the same period. They also showed the FBI pressuring local police agencies to keep details secret about a telephone surveillance device called Stingray.

“What we discovered reaffirmed what we have seen all too frequently in recent years,” Pruitt wrote in a column published this week. “The systems created to give citizens information about their government are badly broken and getting worse all the time.”

The U.S. released its new figures during Sunshine Week, when news organizations promote open government and freedom of information.

The AP earlier this month sued the State Department under the law to force the release of email correspondence and government documents from Hillary Rodham Clinton’s tenure as secretary of state. The government had failed to turn over the files under repeated requests, including one made five years ago and others pending since the summer of 2013.

The government said the average time it took to answer each records request ranged from one day to more than 2.5 years. More than half of federal agencies took longer to answer requests last year than the previous year.

Journalists and others who need information quickly to report breaking news fared worse than ever.

Under the law, the U.S. is required to move urgent requests from journalists to the front of the line for a speedy answer if records will inform the public concerning an actual or alleged government activity. But the government now routinely denies such requests: Over six years, the number of requests granted speedy processing status fell from nearly half to fewer than 1 in 8. In January, the U.S. reminded agencies that it should carefully consider such “breaking news” requests.

The CIA, at the center of so many headlines, has denied every such request the last two years.

___

Online:

U.S. data: http://www.foia.gov/data.html

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Alameda County

Board of Supervisors Accepts Certification of Signatures, Will Schedule Recall Election May 14

The Alameda Board of Supervisors unanimously accepted the certification of the results of the valid signatures submitted for the recall of District Attorney Pamela Price on Tuesday evening. The Board will set the election date at a special meeting on May 14. Before the meeting, recall proponents and opponents held separate press conferences to plead their cases to the Board and residents of Alameda County.

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District Attorney Pamela Price ‘Protect the Win’ supporters held signs outside of the County Administration Office to ask the Board of Supervisors to not schedule a special recall election. Photo by Magaly Muñoz.
District Attorney Pamela Price ‘Protect the Win’ supporters held signs outside of the County Administration Office to ask the Board of Supervisors to not schedule a special recall election. Photo by Magaly Muñoz.

By Magaly Muñoz

The Alameda Board of Supervisors unanimously accepted the certification of the results of the valid signatures submitted for the recall of District Attorney Pamela Price on Tuesday evening. The Board will set the election date at a special meeting on May 14.

Before the meeting, recall proponents and opponents held separate press conferences to plead their cases to the Board and residents of Alameda County.

Price, who up until this point has made little public comment about the recall, held her press conference in Jack London to announce that the California Fair Political Practices Commission has opened an investigation into the finances of the Save Alameda For Everyone (SAFE) recall campaign.

The political action committee (PAC), Reviving the Bay Area, has been the largest contributor to the SAFE organization and has allegedly donated over half a million dollars to the recall efforts.

“Between September 2023 and November 2023, [Revive the Bay Area] donated approximately $578,000 to SAFE without complying with the laws that govern all political committees in California,” Price said.

Price accused the recall campaigns of using irregular signature-gathering processes, such as paying gatherers per signature, and using misleading information to get people to sign their petitions.

SAFE held their own press conference outside of the Alameda County Administration Building at 1221 Oak St. in Oakland, once again calling for the Board to certify their signatures and set a date for the recall election.

Their press conference turned contentious quickly as Price’s “Protect the Win” supporters attempted to yell over the SAFE staff and volunteers. “Stop scapegoating Price” and “Recall Price” chants went on for several moments at a time during this event.

Families of victims urged the Board to think of their loved ones whose lives are worth much more than the millions of dollars that many opponents of the recall say is too much to spend on a special election.

The Registrar of Voters (ROV) estimates the special election could cost anywhere from $15 to $20 million, an amount that is not in their budget.

The Board was presented with several options on when and how to conduct the recall election. They have to set a date no less than 88 days or more than 125 days after May 14, meaning the date could fall anywhere from late July to September.

But the County charter also states that if a general election takes place within 180 days of their scheduling deadline, the Board could choose to use the November ballot as a way to consolidate the two events.

In the event that Price is recalled, the Supervisors would appoint someone to fill the vacancy, though neither the County nor the California charter specifies how long they would have to pick a replacement.

The appointee would serve as district attorney spot until the next election in 2026. Afterwards, either they, if they run and win, or a newly elected candidate would serve the rest of Price’s six-year term until 2029. Price is unique as the only district attorney wo serves a term of six years.

The Board acknowledged that they knew last fall that this recall would come with its own set of complications when Measure B, which changed the local recall charter to match California’s, was first brought to their consideration.

Supervisors Nate Miley and David Haubert opposed discussing the measure, stating that the public would think that the Board was attempting to influence the recall campaign that had already taken off months prior.

“I think ultimately this feels like it’s going to end up in court, one way or the other, depending on who files what,” Haubert said.

Price’s legal team told the Post that the district attorney intended to consider all legal options should the recall election take place.

Miley stated that while he was in support of the amendment to the charter, he did not think it was right to schedule it for the March ballot as it would ultimately cause confusion for everyone involved.

“It has produced some legal entanglements that I think, potentially, could’ve been avoided,” Miley said.

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Commentary

Opinion: Lessons for Current Student Protesters From a San Francisco State Strike Veteran

How the nation’s first College of Ethnic studies came about, bringing together Latino, African American and Asian American disciplines may offer some clues as to how to ease the current turmoil on American college campuses over the Israel-Hamas war. After the deadline passed to end the Columbia University encampment by 2 p.m. Monday, student protesters blockaded and occupied Hamilton Hall in a symbolic move early Tuesday morning. Protesters did the same in 1968.

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iStock Photo
iStock Photo

By Emil Guillermo

How the nation’s first College of Ethnic studies came about, bringing together Latino, African American and Asian American disciplines may offer some clues as to how to ease the current turmoil on American college campuses over the Israel-Hamas war.

After the deadline passed to end the Columbia University encampment by 2 p.m. Monday, student protesters blockaded and occupied Hamilton Hall in a symbolic move early Tuesday morning.

Protesters did the same in 1968.

That made me think of San Francisco State University, 1968.

The news was filled with call backs to practically every student protest in the past six decades as arrests mounted into hundreds on nearly two dozen campuses around the country.

In 1970, the protests at Kent State were over the Vietnam War. Ohio National Guardsmen came in, opened fire, and killed four students.

Less than two weeks later that year, civil rights activists outside a dormitory at Jackson State were confronted by armed police. Two African American students were killed, twelve injured.

But again, I didn’t hear anyone mention San Francisco State University, 1968.

That protest addressed all the issues of the day and more. The student strike at SFSU was against the Vietnam war.

That final goal was eventually achieved, but there was violence, sparked mostly by “outside agitators,” who were confronted by police.

“People used the term ‘off the pigs’ but it was more rally rhetoric than a call to action (to actually kill police),” said Daniel Phil Gonzales, who was one of the strikers in 1968.

Gonzales, known as the go-to resource among Filipino American scholars for decades, went on to teach at what was the positive outcome of the strike, San Francisco State University’s College of Ethnic Studies. It’s believed to be the first of its kind in the nation. Gonzales recently retired after more than 50 years as professor.

As for today’s protests, Gonzales is dismayed that the students have constantly dealt with charges of antisemitism.

“It stymies conversation and encourages further polarization and the possibility of violent confrontation,” he said. “You’re going to be labeled pro-Hamas or pro-terrorist.”

That’s happening now. But we forget we are dealing not with Hamas proxies. We are dealing with students.

Gonzales said that was a key lesson at SF State’s strike. The main coalition driving the strike was aided by self-policing from inside of the movement. “That’s very difficult to maintain. Once you start this kind of activity, you don’t know who’s going to join,” he said.

Gonzales believes that in the current situation, there is a patch of humanity, common ground, where one can be both pro-Palestine and pro-Israel. He said it’s made difficult if you stand against the belligerent policies of Benjamin Netanyahu. In that case, you’re likely to be labeled antisemitic.

Despite that, Gonzales is in solidarity with the protesters and the people of Gaza, generally. Not Hamas. And he sees how most of the young people protesting are in shock at what he called the “duration of the absolute inhumane kind of persecution and prosecution of the Palestinians carried out by the Israeli government.”

As a survivor of campus protest decades ago, Gonzales offered some advice to the student protesters of 2024.

“You have to have a definable goal, but right now the path to that goal is unclear,” he said.

About the Author

Emil Guillermo is a journalist and commentator. A veteran newsman in TV and print, he is a former host of NPR’s “All Things Considered.”

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Community

Gov. Newsom, Attorney General Bonta Back Bill to Allow California to Host Arizona Abortion Care

Gov. Gavin Newsom and Attorney General Rob Bonta announced last week that they are backing a bill introduced by the state legislative women’s caucus that would allow Arizona-based doctors to provide abortion care in California to patients from Arizona. Senate Bill (SB) 233 was authored in response to the Arizona Supreme Court’s decision on April 9 that an 1864 ban on abortion in the state is enforceable.

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Gov. Gavin Newsom and Attorney General Rob Bonta.
Gov. Gavin Newsom and Attorney General Rob Bonta.

By California Black Media

Gov. Gavin Newsom and Attorney General Rob Bonta announced last week that they are backing a bill introduced by the state legislative women’s caucus that would allow Arizona-based doctors to provide abortion care in California to patients from Arizona.

Senate Bill (SB) 233 was authored in response to the Arizona Supreme Court’s decision on April 9 that an 1864 ban on abortion in the state is enforceable. The bill also aims to counter growing support for anti-abortion legislation in states with Republican-majority legislatures since Roe v. Wade was overturned, according to supporters.

“California will not sit idly by. We’re urgently moving legislation to allow Arizona doctors to provide safe and reliable reproductive care to Arizonans here in California,” Newsom said.

Sen. Nancy Skinner (D-Berkeley), chair of the California Legislative Women’s Caucus said that abortion bans are based on laws that set women back to a time when they had limited human rights.

“Anti-abortion forces have resurrected a dead law passed at a time when women couldn’t vote and husbands beating their wives was lawful,” Skinner said.

On April 24, the Arizona House of Representatives voted to repeal the 1864 abortion ban. It now moves to the Arizona Senate for deliberation.

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