Posted by Tina
Let’s be clear about where I’m coming from right up front. In America it is the people who have the power. We were given a contract, The United States Constitution, a document to guide and limit an established government OF, BY and FOR the PEOPLE. That means that those of us who choose to serve within government bodies work on behalf of all citizens and are ultimately answerable to every citizen. This goes for everyone from the president on down to local dog catcher. In 1966 President Johnson signed into law the Freedom of Information Act (FOIA):
…FOIA was actually extracted from its original home in Section 3 of the Administrative Procedure Act (APA). Section 3 of the APA, as enacted in 1946, gave agencies broad discretion concerning the publication of governmental records. Following concerns that the provision had become more of a withholding than a disclosure mechanism, Congress amended the section in 1966 as a standalone act to implement “a general philosophy of full agency disclosure.”
“Full agency disclosure”…sounds like a cruel joke in today’s atmosphere…an antiquated ideal of old, white, bearded men.
Practically speaking, if those serving in our government agencies are acting in good faith and with the highest integrity there should be no problem in releasing requested information…full disclosure…transparency! Isn’t that what our leaders constantly call for in pious, holier than thou, terms? Sorry, dear leaders, but we don’t buy it anymore. There have been too many times when it’s obvious that our leaders seem to be working together and have something to hide. would that a few would be willing to fall on their swords for love of their country!
FOIA’s are redacted to protect the identities of certain individuals and activities for national security reasons. They are not supposed to be redacted to hide corruption or criminal activity. The more those who serve us are allowed to get away with less than full disclosure the more creative and blatant are their tactics to avoid being exposed. The most obvious culprits have denied they have evidence, delayed the release of information or released it in dribs and drabs…and they redact pages and pages of information. In recent years they’ve stolen and destroyed archived material and broken and electronically destroyed information on devices to prevent full disclosure.
The people sense deep corruption at the federal level We’ve been astounded that those who seem most guilty also seem most able to avoid prosecution. (Sandy Burger went to jail but never revealed the information he broke the law to protect). I imagine it is this that has citizens feeling disgusted with the two main parties. And now we discover that one of the basic tools used to hold officials accountable is being challenged. Those we suspect, all the way down to the local level, have found a new way to hide. AP reports:
Government bodies are increasingly turning the tables on citizens who seek public records that might be embarrassing or legally sensitive. Instead of granting or denying their requests, a growing number of school districts, municipalities and state agencies have filed lawsuits against people making the requests – taxpayers, government watchdogs and journalists who must then pursue the records in court at their own expense.
The lawsuits generally ask judges to rule that the records being sought do not have to be divulged. They name the requesters as defendants but do not seek damage awards. Still, the recent trend has alarmed freedom-of-information advocates, who say it’s becoming a new way for governments to hide information, delay disclosure and intimidate critics.
Government must be accountable to the people. These lawsuits appear to be designed to avoid accountability and to intimidate citizens into standing down. These lawsuits are a deplorably obvious response from a group that seems to hold itself above all others. But it’s not surprising that they are being allowed to take action in our courts. When the IRS can intimidate and deny participation for political reasons, and get away with it, anything goes!
The most immediate way to address this problem, as they say, is to drain the swamp. But corruption is rampant and the swamp has grown to epic proportions. Nothing short of a complete transformation and societal turn around will put our broken system right again. And that brings us back to standards and expectations. Our form of government, government OF, BY, and FOR THE PEOPLE, requires a moral citizenry. We who value and appreciate our country must press hard to hold ourselves, each other, and those who serve us to the highest standards of behavior. The freedom to force disclosure as a means of holding our leaders accountable should not be abridged. I’d be interested to know if any of our leaders, or those in the know legally would agree.