Associated Press Reviews Annual FOIA Reports

As part of Sunshine Week, The Associated Press reviewed the 2008 and 2009 budget year Freedom of Information Act reports filed by 17 agencies.

The review showed the government increased its use of nine major FOIA exemptions in 2009, and the agencies received and processed less FOIA requests in 2009. It also showed that the backlog of old open-records requests fell from 124,019 in budget year 2008 to 67,764 at the end of the 2009 budget year, although it is unknown whether those who made requests in the closed cases received the information they wanted.

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FBI releases Watergate planner E. Howard Hunt's file

The FBI files on E. Howard Hunt, who orchestrated the Watergate break-in, are thin, according to the AP, which received the data after filing an FOIA request. About 100 pages of his file weren't released because they're National Archives property. What was released included FBI background checks from when he joined the CIA and when he was hired as a White House consultant. Most of the files, however, concern Hunt's request for a presidential pardon from President Ronald Reagan.

Watergate break-in planner E. Howard Hunt sought a presidential pardon by saying he thought the infamous burglary had "executive authorization," according to FBI documents released two years after his death. He died without getting a pardon.

The FBI released 167 pages of Hunt's files following a Freedom of Information Act request by The Associated Press. Wednesday marks 37 years since police caught the burglars in the Washington break-in. The case ultimately made Hunt a household name and led to the resignation of President Richard Nixon.

Despite working as a CIA agent for more than two decades and his role in Watergate, Hunt's file is remarkably thin. As a CIA agent Hunt was involved in a U.S.-backed coup in Guatemala in 1954 and the botched Bay of Pigs attempt to overthrow Fidel Castro. He worked in China, Mexico, Japan and Spain, among other places.

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State officials dispute Utah report on mentally ill

FOI AT WORK!
An AP report compiled with numbers obtained through the FOIA and the Centers for Medicare and Medicaid Services indicate that Utah has the highest rate increase in younger (22-64) mentally ill nursing home residents. However the Utah Division of Substance Abuse and Mental Health denies that there's any way that Utah saw a 78 percent increase in younger mentally ill patients in nursing homes between 2002 and 2008. Only one state in the nation, however, saw a decline: Minnesota.

The number of young and middle-aged mentally ill individuals in nursing homes in Utah grew at the fastest pace in the nation during the past seven years, according to an Associated Press study.

But state mental health officials dispute the study. Robert Snarr, manager of state adult programs with Utah Division of Substance Abuse and Mental Health, said statistics kept by the state do not match the AP study. There has been no noticeable increase in demand for nursing home care for the mentally ill in Utah, he said.

According to the study, the Beehive State saw a 78 percent increase in the number of seriously mentally ill people between the ages of 22 and 64 living in state nursing homes between 2002 and 2008.

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A look inside the AP's success, struggles with FOIA requests

During Sunshine Week, the AP recounts how it has used data from FOIA requests to break national stories. This story also lists the organization's frustrations with responds to FOIA requests. For example, the Homeland Security Department typically takes 58 days to respond to an expedited request but recently rejected an AP request for a speedy response by citing that it couldn't be that urgent because no other news organization had requested those documents.

President Barack Obama is promising to reinvigorate the Freedom of Information Act by opening more of the government's filing cabinets without a fight. It can't happen soon enough for the people awaiting replies to more than 150,000 requests for information.

Behind the headlines, The Associated Press wrestles with bizarre administrative hurdles and jaw-dropping contradictions trying to use the law; some recent ones are described below.

Obama has begun to deliver, but there are conflicting signs about how far he will go.

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AP CEO calls for united front on open government

AP CEO Tom Curley provides his thoughts on the Obama administration's call for openness and the possibility of a federal shield law. Overall, he is optimistic about Obama's directive; however, he said, "But the only thing that will really make all these good intentions effective is a work environment in government in which compliance with open records law carries incentives and rewards for government employees."

Tom Curley, president and CEO of The Associated Press, is one of the news media's foremost advocates for open government and freedom of information.

In 2007 and 2008 he earned national awards for his work on First Amendment and open records issues, and this year he received a national citation for journalistic excellence from the William Allen White Foundation.

In question-and-answer form, he discusses the 2009 Sunshine Week initiative spearheaded by media organizations.

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May soon be easier to recover legal fees in Ark. FOI cases

The Arkansas House will soon vote on a bill that "would require attorneys' fees to be paid by a defendant if a plaintiff 'substantially' prevails in an FOI lawsuit," the AP reported. Winning plaintiffs would have to file a claim with the Arkansas State Claims Commission to recover these legal fees.

Legislation that would make it easier for plaintiffs who win Freedom of Information Act challenges to recover attorneys fees from government officials is headed to the House for a vote.

The House Judiciary Committee on Tuesday advanced a proposal that, in most cases, would require attorneys' fees to be paid by a defendant if a plaintiff "substantially" prevails in an FOI lawsuit. The measure by Rep. Lindsley Smith, D-Fayetteville, would not allow courts to force state agencies to pay attorneys' fees in FOI cases.

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AP president urges government to improve journalists' access on battlefield

Tom Curley's comments stemmed from a recent report that revealed how the Department of Defense spends nearly $4.7 billion each year on "influence operations."

The president and CEO of The Associated Press called Friday for the government to increase access to journalists on the battlefield.

“No government will give us our rights if we are not willing to stand up and fight for them,” said Tom Curley, who received the William Allen White National Citation at Kansas University on Friday.

He received the award given by the William Allen White Foundation at the Woodruff Auditorium in the Kansas Union.

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FBI kept files on George Carlin, FOIA shows

George Carlin's jokes about J. Edgar Hoover and the FBI didn't go unnoticed by FBI agents, according to records released by the deceased comedian's family.

While countless comedy fans spent the 1960s and ’70s poring over the rebellious routines of George Carlin, above, so too did J. Edgar Hoover, according to F.B.I. records released by the comedian’s family and reported by The Associated Press. Among the documents Carlin obtained through a Freedom of Information Act request before his death in June was an F.B.I. memo that noted his 1969 appearance on “The Jackie Gleason Show,” when he lampooned Hoover and the F.B.I. “His treatment was in very poor taste and it was obvious that he was using the prestige of the bureau and Mr. Hoover to enhance his performance,” the memo said, according to The A.P. The F.B.I. previously told The A.P. that it had no file on Carlin; an F.B.I. spokeswoman told The A.P. that she was looking into the apparent contradiction.

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AP CEO Curley: "We Need More Sunshine"

An inspiring speech from Tom Curley, AP CEO and Sunshine Warrior, available here.