Tricky Georgie

President Bush's budget would disembowel a much-needed public-information law that he just put on the books

Date published: 2/14/2008

WE EVIDENTLY jumped the gun in praising President Bush in a Jan. 20 editorial ["Open, says Dubya"] for signing into law the OPEN Government Act. That measure aims to bolster and update the federal Freedom of Information Act, citizens' jackknife for learning what the government--i.e., our government--is up to. That act enjoyed strong bipartisan support in Congress, yet until last month Mr. Bush had fought similar proposals.

Now, it turns out that his signature on the legislation didn't mean much.

Fine print in his budget proposal, released the other day, would gut a key element of the law--creation of an ombudsman position. The ombudsman would mediate disputes over disclosure and ensure that agencies responded in good faith to legitimate requests for information. Rather than doing what the new law specifies--placing this independent arbitrator at the well-respected, nonpartisan National Archives--Mr. Bush would hand the job to the Justice Department. That's the same department that defends agencies trying to keep their records off-limits, for whatever reason, real or trumped-up, and that had such a miserable track record for openness and honesty under political hack Alberto Gonzales.

Further, Mr. Bush's budget plan would zero out the money that the National Archives and Records Administration needs to enforce the law. In effect, the president's change repeals the law he signed barely a month ago.

American University law professor Daniel Metcalfe, who once ran the Justice Department's Office of Information and Privacy, told the Austin (Texas) American-Statesman: "OMB and Justice seek to avoid complying with this FOIA amendment by instead merely proposing its alteration, and through an appropriations process that of course won't conclude until near the end of the year, if even by then. Meanwhile, existing law is flouted, a terrible example is set for FOIA implementation, and 'the clock is run out' by this administration. Congress should see through this and not tolerate it."

Absolutely. Lawmakers had the right idea in the first place, and now they must block the White House's sneaky end run around their express wishes. It would be heartening to see Virginia's congressional delegation, Republicans and Democrats, take the lead in a counterattack on secrecy and cynicism.

Follow us on

Date published: 2/14/2008