M. Alex Johnson – Journalist at Large

An analog journalist in a digital world

U.S. reconsiders, now says it’s not really OK to lie to journalists

with one comment

Cross-posted from msnbc.com’s Open Channel investigative blog, where I also hang my hat:

The Justice Department has gotten the message from journalists, interest groups and government watchdogs and has decided to withdraw its proposal to allow federal agencies to lie to people seeking sensitive documents under the Freedom of Information Act.

Currently, if a requested document is so sensitive that it would be dangerous to acknowledge its very existence, the government is allowed to tell you that it can neither confirm nor deny whether there is such a document.

Last month, the Justice Department proposed a rule revision that would let government agencies tell requesters there is no such document — even if there is. According to the proposal, which was retrieved by the nonprofit investigative project ProPublica, agencies would be allowed to “respond to the request as if the excluded records did not exist.”

(You can read ProPublica’s original story here and — assuming you want to plow through all 9,000 words of it — the entire DOJ proposal here.)

The proposal drew together an odd assortment of Washington types in opposition, collecting Republicans like Sen. Charles Grassley of Iowa and Rep. Lamar Smith of Texas with Democrats like Sens. Pat Leahy of Vermont and Mark Udall of Colorado under the umbrella of the American Civil Liberties Union, which uncovered the proposal.

Grassley sent a letter to the Justice Department last month demanding an explanation. (As the ranking Republican on the Senate Judiciary Committee, he can feel fairly certain that his letters get read by top officials there.) He said in a statement this week that “the Justice Department decided that misleading the American people would be wrong, and made the right decision to pull the proposed regulation.”

Laura Murphy, who runs the ACLU’s D.C. operations, said putting an end to “lies about the mere existence of documents is one step toward restoring Americans’ trust in their government.”

NPR has a good explanation of the background to the dispute here.

Written by Alex

November 4, 2011 at 4:32 pm

One Response

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  1. Here’s another trick the government is about to do in support of Internet Unfreedom. Unabashed by taking money from bankers so they’d pass laws that destroyed the economy, Congress is now having mostly secret and biased meetings to push a law on “internet piracy” that is written by their “donating” buddies at the MPAA and RIAA. They can’t compete in the market so they’re going to get the gummint to do their dirty work. The usual bought congressional stooges are also targeting Google, since Google is standing up for Internet freedom.

    http://arstechnica.com/tech-policy/news/2011/11/at-web-censorship-hearing-congress-guns-for-pro-pirate-google.ars?comments=1#comments-bar

    James Mooney

    November 19, 2011 at 9:53 am


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