Freedom of Information Act Reborn in Obama Presidency

The Freedom and Information Act (FOIA), signed into law by Lyndon B. Johnson on July 4, 1966 was intended to open up government to the people. Under the law, anyone can request information from any federal government agency, thereby giving ordinary citizens access to our government. However, government officials aren't always eager to release information to those who ask, even if it is legally requested.

News organizations and watchdog groups are the primary people who file FOIA requests in their on going struggle to keep the public informed about what our government is up to. The Freedom of Information Act is a great tool for journalists looking for a story. Those in search of a scoop and who aren't afraid of digging into a story could find a goldmine hidden in the billions of government papers buried in dusty boxes. A requester will have to wait 20 days to years, however, before information begins to arrive in their mailbox, if at all. Some administrations have been more cooperative than others in complying with requests for information.

President Ronald Regan signed an executive order that dramatically slowed government information to the people. This was mainly in the area of national security. Regan, like our outgoing President Bush, was not eager to open his administration to everyone.

President Clinton believed a transparent administration is more accountable. A president who has the eyes of the American people looking over his shoulder is more likely to remain a government of, by and for the people. He ordered all government agencies to comply with requests under the FOIA.

As we know, President Bush took the opposite view of non-governmental intrusion into his white house. Attorney General John Ashcroft basically shut down the flow of information coming out through FOIA requests in 2002. 9/11 gave the Bush administration the excuse to close up government operations to the population and conduct the business of the United States in secrecy.

Even Vice President Cheney declared any correspondence to or from his office off limits to FOIA requests.

There are areas of government that we should stay out of. Presidents are expected to keep the public safe from domestic and international threats. Certain areas of national security matters should remain out of the public domain. Most information requested by people or organizations are for information the public has a right to know.

Administrations who operate behind closed doors by delaying or denying us access to government information is only damaging their credibility. Secrecy leads to suspicions of trying to hide wrong doing.

Currently, the FOIA has exceptions that allow an administration to refuse a request sent to a government agency. Those exceptions are:

-classified information that would damage national security

-internal information involving personnel rules and agency practices

-material specifically shielded from disclosure by another law

-confidential commercial or financial data, like trade secrets

-records that would be privileged in litigation

-information that would invade someone's privacy

-law enforcement records

-information related to government regulation of financial institutions

-certain geological or geographical data

The Freedom of Information Act has been revised three times since it's initial roll out in 1966. It was amended in 1996, 2002 and 2007.

As President Obama begins his duties as our chief executive, he begins by removing the Bush era denials for information and is opening up his administration to the scrutiny of the American people. The Freedom of Information Act will be restored in his attempt to allow us to see into his presidency.

Some historians fear important email correspondence and written records of the Bush administration have been purposely lost or destroyed in an effort to hide wrong doing from the public. It would be a huge injustice if this is true. By refusing the publics right to know, an administration doesn't allow the complete historical record to be reveled by present and future historians. A fair and complete account, for better or worse, of a president and his administration is the right of all Americans. Each generation should be judged by future Americans for our role in what life will be like for those to come after us. We have a right to know how those future generations will judge us.

Freedom of Information Act (United States), Wikipedia

Freedom of Information Act Exceptions, U.S. Securities and Exchange Commission

Freedom of Information Act FOIA, National Institute of Standards and Technology