Login

Register

Member List

RSS Feed

Amanda | Contact

Auguste | Contact

Jesse | Contact

Pam | Contact

Next entry: The Dumb Blacks Hypothesis Previous entry: Firedoglake Book Salon

The most transparent White House ever? NOT. Obama’s DOJ seeks FOIA exemption for visitor records

The Reporters Committee for Freedom of the Press reports that the Obama administration through its Justice Department, is continuing to argue that it has the right to shield White House Visitor Logs, citing they should be exempt from the Freedom of Information Act.

Now as we saw yesterday, the administration is currently complying with the law, having released hundreds of thousands of WH appointments. That is why you learned that there were 88 visits by various HRC board members, along with Joe Solmonese and David Smith, who traipsed through the WH doors over the last year—and we have zero major LGBT legislation passed so far.

No wonder the Justice Department wants your eyes off of who is getting face time with key WH figures. It’s pretty sad when we’re on the same side as Judicial Watch, the conservative thinktank that filed a public records lawsuit over this in 2009—and won.

In its initial complaint filed December 7, 2009, Judicial Watch noted that the Obama administration’s claim that the visitor logs are not agency records “has been litigated and rejected repeatedly” by the courts, although no appellate court has ruled squarely on the issue.

“The presidential communications privilege, as its name and the Circuit’s opinions suggest, extends only to communications,” Chief Judge Royce C. Lamberth of the U.S. District Court in the District of Columbia ruled in a similar lawsuit. “The visit records sought by plaintiff need only consist of the visitor’s name, date and time of visit, and in some cases the name of the person requesting access for the visitor and in some cases the name of the person visited.”

In the Obama administration’s latest filing, however, they claim that “the district court cases on which [Judicial Watch] relies for a contrary conclusion were incorrectly decided.” The government court filings also note the administration’s new discretionary release policy with respect to the visitor logs, and cite national security concerns as an additional reason for withholding the records.

“The Obama administration would undermine a key transparency law in order to keep White House visitor logs secret,” said Judicial Watch President Tom Fitton in a release. “Only the Obama administration could offer to release pre-scrubbed White House visitor logs while withholding tens of thousands of other records and call it transparency.”

 

------

Registration is now required! We're still in the process of getting it all squared away, so for the moment don't forget to Login or Register using the links in the upper left menu before starting to write your comment.

Posted by Pam Spaulding on 05:40 PM • (16) Comments

I dunno; I’m split on the issue of visitor logs.  It makes it very difficult for the WH to negotiate without revealing its hand merely by inviting people over.

On the other hand, I think it’s important to know who was involved in closed door meetings, especially when those turn into policy.

And yet another point is, should the administration really be saddled with the extra work of some of these otherwise meaningless FOIA requests?  I think if it were instead of FOIA requests for a set pattern - they’re released six months or a year later, no questions asked, to a federal library.

FOIA requests aren’t the right way to do every bit of transparency; they’re actually the least efficient way to do it.

Comment #1: Crissa  on  05/01  at  07:19 PM

FOIA requests are largely a public ploy by independent political agents with no agenda to help the transparency of government.  To make an example, if they don’t open up their logs they’re viewed as dirty fascists who want to hide everything.  If they do, who will show up if it isn’t in their political interest to be scene with Pres. Obama while trying to build an alliance?

I’m not saying give him a free pass, but pummeling him for not wanting to tell you who came to his house is a bit much.  It’s far easier for him to travel out and meet people if he seriously wanted to hide visitors because while it isn’t privileged either, it is less likely to be recorded and subject to FOIA. 

Until I get to sit in on meetings at Atria (i.e. Philip Morris) then I am less worried about what the president is doing than what the boardrooms of America are doing.

Comment #2: Xeranar  on  05/01  at  09:10 PM

I’m not sure a rule that makes it impossible for the president to have secret meetings at the White House is a good idea.  There are probably times when having a secret meeting is a good idea.

Comment #3: rea  on  05/01  at  10:51 PM

“...pummeling him for not wanting to tell you who came to his house is a bit much…”

Excuse me, but the House is NOT Obama’s, it is the American People’s House.  We have a right, and more importantly, we have a NEED to know what is going on.

Comment #4: Kwillow  on  05/01  at  10:52 PM

Wow, lotta people in this thread think it’s real important to give Presidents more chances to lie about shit.

Comment #5: Dan  on  05/02  at  01:38 AM

We need to know about what has happened.  But do we need to fight about it today?

We’re making it possible to stalk regular visitors to the capitol.  I’m not sure that’s cool.

It’s important to know who was in the closed-door meetings, yes, but how quickly must we know?

FOIAs can be delayed, interfered with, and disobeyed.  They can be abused, repeated, and specify random collections of things - but they can’t ask for what is public or will be public in the normal course of things.

So perhaps we should choose the latter.

Comment #6: Crissa  on  05/02  at  01:49 AM

Excuse me, but the House is NOT Obama’s, it is the American People’s House.  We have a right, and more importantly, we have a NEED to know what is going on.

In a representative republic that house is his until we elect a new person to live there.  He doesn’t necessarily have a right to keep who visits him private but while he is in office his ability to execute his duties does require a normal amount of privacy.  His evasion of white house logs is pretty much SOP for all politicians not because they’re bad or are seeking to destroy the country but because their work is sensitive and needs a certain amount of privacy to maintain it.

Comment #7: Xeranar  on  05/02  at  02:46 AM

So how’d everyone defending Obama feel when Bush did the same thing in 2007?

My guess? Someone wandering onto Pandagon and talking about how the Administration needs a measure of privacy to conduct it’s business would have been shredded.

Comment #8: Grimgrin  on  05/02  at  06:32 AM

Bullshit.

We still don’t know who Cheney met with at his secret 4th branch meeting.

I’m fine with a 6 month delay, but the President isn’t entitled to secrecy—not when it leads to bullshit like secret deals with PhRMA and insurance companies that actively harm the electorate.

Fuck it.  He ran on transparency.  He needs to follow up, not just b/c it was a promise, but b/c it is a necessary reform to the bullshit of the previous administration.

Comment #9: Caren-Sun-blocking Creator of Animorphic Pancakes  on  05/02  at  09:29 AM

Honestly, stop defending him on this.  If this were a Republican president, we would be all over it, and rightly so.  If the President wants to make visitor logs exempt, then I guess he has to make that law, instead of pretending that the law isn’t the law.

Comment #10: Katherine  on  05/02  at  11:35 AM

Unlike the Bush administration, this White House is

1) obeying the law and making the records public at this time; and
2) filing a motion through the courts to keep the visitor logs confidential.

Instead of

Bush-1) keeping all of the visitor logs secret in the name of “national security;” and
Bush-2) telling the courts to piss off when the FOIA requests came in; and
Cheney-3) threatening to arrest a server trying to deliver a court-ordered subpoena, which is a felony.

The Administration can argue all it wants that holding the logs in confidence is necessary to do business, and I can see some validity in that statement. I would rather see complete transparency but on some reasonable delay, like two weeks or a month. That way Obama can have his time to meet and plan on the legislation of the day, and his political opponents can’t send out their fearmongering BS on a daily basis. “Oh, look - Obama met with the Russian ambassador today! What’s the socialist-in-chief doing now - getting tips? Selling us out?”

So those of you pulling out the Bush/Cheney card need to take a breath. That administration made everything secret and broke the law to do it (GOP e-mails for government business, the aforementioned ignoring of the law and arrest threats, deleting millions of e-mail messages and files, etc). That is not what is happening here.

Comment #11: KC  on  05/02  at  01:31 PM

“My guess? Someone wandering onto Pandagon and talking about how the Administration needs a measure of privacy to conduct it’s business would have been shredded.”

...as they should have been.  Transparency is necessary, and if Obama’s trying to thwart it, then he needs to be chastised for it.  Institute a (short) waiting period if short-term secrecy is deemed appropriate, but then release the full facts later so we can know what’s going on in our government.

OTOH, Mr/Mrs/Ms Grimgrin, have you been perfectly consistent in your support or condemnation of the attitudes toward transparency between the two administrations?  Considering all the questionable/illegal things the Obama Administration is doing that were started in the Cheney Administration, have you been equal in your judgment?

Personally, if there’s one thing that I’m disappointed in with Obama’s presidency it’s that he didn’t make it a point to end all the governmental overreach begun by Cheney, and then investigate and prosecute the rampant law-breaking that has already been admitted, let alone actions that still haven’t been exposed to the light.  Between the torture and the wiretaps, I’m probably irredeemably disgusted by what America has become.  And I say that as an American citizen, even in Arizona.

But then I’m apparently an unreasonable hardass.  If politicians really had to live up to what I believe to be the minimum necessary standards for decision making and behavior, most city halls, most county seats, most statehouses, Congress, the Senate, and the White House would be empty or nearly empty…

Comment #12: MikeEss  on  05/02  at  03:10 PM

I would be more sympathetic for the ‘privacy to get shit done’ angle if we had gotten actual health care reform instead of insurance industry cookie. But it isn’t like he’s using that ‘privacy’ to accomplish actual goals of mine, so it can go hang. Presidents don’t get that level of privacy.

Comment #13: morningface  on  05/02  at  03:40 PM

“I’m fine with a 6 month delay, but the President isn’t entitled to secrecy—not when it leads to bullshit like secret deals with PhRMA and insurance companies that actively harm the electorate. “

This is probably why I tend to find these sorts of requirements functionally useless, if you’re not privy to the discussions that took place, then what exactly is being gained? Senior staff member X had a meeting with SEIU official Y or PhRma deputy political director Y? Well…ok. That’s pretty typical I suppose, and you wouldn’t exactly expect policy makers not to be having meetings with interest groups. So, again, you basically get nothing out of this. On the other hand, it strikes me as being much more about the APPEARANCE of transparency than actual transparency, with any functional value for anyone.

As for the administration’s legal arguments, I have no idea whether there’s any validity to them or not.

Comment #14: Brien Jackson  on  05/02  at  06:09 PM

MikeEss: I had considered ending my post with the line “I know this makes me seem like a concern troll but I’m really not”, but I didn’t since it would make me seem like even more of a concern troll. For the record, I despised the Cheney Bush administration for their stance on torture, indefinite detention, domestic spying, assassination and… well… everything else. And I can’t stand the fools in the teaparty who suddenly got outraged about executive power on January 20th 2009. Obama’s policies are a dramatic improvement in some areas definitely. When it comes to secrecy, domestic spying, and extrajudicial execution and imprisonment, not so much.

Comment #15: Grimgrin  on  05/03  at  02:11 AM
Page 1 of 1 pages
Commenting is not available in this channel entry.