In November 2010, CREW wrote a letter to Attorney General Eric Holder (.pdf) calling his attention to the fact that despite his own Freedom of Information Act (FOIA) guidance, issued in March 2009, the Department of Justice (DOJ) has emerged as a major impediment to transparency and accountability. CREW’s letter referenced multiple FOIA lawsuits in which DOJ has taken outrageous and indefensible positions, such as refusing to release the notes of Dick Cheney’s interview with the FBI as part of the leak investigation on the grounds they relate to a pending investigation, even though Patrick Fitzgerald had long ago closed his investigation. CREW also pointed out more recent examples, such as DOJ’s release of a very heavily redacted 600-page report chronicling the history of the Department’s Office of Special Investigations. The New York Times obtained and published an unredacted version, and comparing the two makes clear DOJ’s redactions were an effort to conceal facts about long ago events that portray the U.S. government in a less than favorable light. Yet it was Attorney General Holder who directed federal agencies to “not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.”
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Response from the Dept of Justice to CREW's 11-23-10 letter regarding compliance with Freedom of Information Act
In November 2010, CREW wrote a letter to Attorney General Eric Holder (.pdf) calling his attention to the fact that despite his own Freedom of Information Act (FOIA) guidance, issued in March 2009, the Department of Justice (DOJ) has emerged as a major impediment to transparency and accountability. CREW’s letter referenced multiple FOIA lawsuits in which DOJ has taken outrageous and indefensible positions, such as refusing to release the notes of Dick Cheney’s interview with the FBI as part of the leak investigation on the grounds they relate to a pending investigation, even though Patrick Fitzgerald had long ago closed his investigation. CREW also pointed out more recent examples, such as DOJ’s release of a very heavily redacted 600-page report chronicling the history of the Department’s Office of Special Investigations. The New York Times obtained and published an unredacted version, and comparing the two makes clear DOJ’s redactions were an effort to conceal facts about long ago events that portray the U.S. government in a less than favorable light. Yet it was Attorney General Holder who directed federal agencies to “not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.”
In November 2010, CREW wrote a letter to Attorney General Eric Holder (.pdf) calling his attention to the fact that despite his own Freedom of Information Act (FOIA) guidance, issued in March 2009, the Department of Justice (DOJ) has emerged as a major impediment to transparency and accountability. CREW’s letter referenced multiple FOIA lawsuits in which DOJ has taken outrageous and indefensible positions, such as refusing to release the notes of Dick Cheney’s interview with the FBI as part of the leak investigation on the grounds they relate to a pending investigation, even though Patrick Fitzgerald had long ago closed his investigation. CREW also pointed out more recent examples, such as DOJ’s release of a very heavily redacted 600-page report chronicling the history of the Department’s Office of Special Investigations. The New York Times obtained and published an unredacted version, and comparing the two makes clear DOJ’s redactions were an effort to conceal facts about long ago events that portray the U.S. government in a less than favorable light. Yet it was Attorney General Holder who directed federal agencies to “not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.”
USS. Department of Justice
Office of Information Policy
Telephone: (202) 514-3642 Washington, D.C. 20530
JAN 07 2011
Anne L. Weismann, Esq,
Chief Counsel
Citizens for Responsibility and
Ethics in Washington
1400 Fye Street, NW, Suite 450
Washington, DC 20005-2208
Dear Ms. Weismann:
This is in response to your letter dated November 23, 2010, to Attomey General Eric
Holder, which was referred to this Office for response.
In your letter, you expressed concern about the Department of Justice’s adherence to
President Obama and Attorney General Holder's policy of transparency and accountability in its
implementation of the Freedom of Information Act. Your letter provides a list of examples of
the Department's actions in response to FOIA requests or in litigation cases which you posit to
be inconsistent with this administration’s stated presumption in favor of disclosure.
‘The Department takes its obligations under the FOIA very seriously. The Attomey
General’s FOIA Guidelines established strong standards for all agencies to follow in achieving
‘greater transpareney. I assure you that the Department's FOIA professionals fully appreciate and
embrace this administration’s commitment to open government. In Fiscal Year 2009, the
Department of Justice processed over 60,000 requests for information, and in doing so both
decreased the number of requests where records were withheld in full, and increased the number
of requests where records were released without redaction when compared to years past. This
trend toward greater disclosure is itself a concrete example of improved transparency at the
Depariment of Justice. Furthermore, the Office of Information Policy (OIP) has embarked on an
extensive series of outreach and training sessions to assist FOIA professionals in applying the
new standards. For example, this past fiscal year OIP provided approximately 59 training
sessions to 2,400 FOIA professionals from across the entire Executive Branch, a significant
inerease from the previous year. We also provided advice to approximately 3,000 callers who
sought assistance on FOIA matters through our FOLA Counselor Service. Finally, OIP
continuously issues guidance on a wide variety of FOIA-related issues in order to ensure that
those applying the FOIA are doing so in the most effective and transparent manner possible. All
of these examples are ways in which the Department of Justice is ensuring that the President's
and Attorney General’s policies are being carried out not only at the Department, but across the
government as well.-2-
Many of your concerns focus on positions taken by the Department in the course of FOIA
litigation. While your organization may not always agree with our litigating positions, there can
bbe no question that they are taken in good faith as we strive faithfully to balance our commitment
to open government with the government's legitimate need for confidentiality in appropriate
circumstances,
‘Thank you for bringing your concerns to the attention of the Attorney General. Please do
not hesitate to contact me if I can be of any further assistance,
Sincerely,
apdane Ana Poke. Se
Melanie Ann Pustay
Director