2009 Secrecy Report Card

Hot off the presses -- OpenTheGovernment.org released its 2009 Secrecy Report Card today. It details slight decreases in secrecy across a variety of indicators during the last year of the Bush-Cheney administration. It also provides a six-month overview of the Obama administration's track record on openness issues as well as a section on financial transparency during the economy crisis.

Highlights include:

• Almost $200 Spent Creating and Securing Old Secrets for Every Tax Dollar Spent Declassifying
The government spent nearly $200 maintaining the secrets already on the books for every one
dollar the government spent declassifying documents in 2008, a 2% increase in one year. At
the same time, 16% fewer pages were declassified than in 2008.

• Reported Invocations of the "States Secrets" Privilege Continue to Rise
Invoked only 6 times between 1953 and 1976, the privilege has been used a reported 48
times—an average of 6 times per year in 8 years (through 2008)—more than double the aver-
age (2.46) in the previous 24 years.

• President Bush Surpassed All Presidents Since Kennedy in Assertions of Executive Privilege
President G.W. Bush asserted Executive Privilege 6 times in response to congressional re-
quests, as of August 21, 2008.

• 2,083 Orders of the Secretive Foreign Intelligence Surveillance Court
The Department of Justice reported that, in 2008, the FISC approved 2,083 orders—rejecting
one and approving two left over from the previous year.

Get the complete report here.

Report reveals government secrecy is costing $9.5 billion

A national security expert writes in a new policy brief what all journalists have been arguing: government secrecy does not increase national security and Bush's policies of over-classifying documents as confidential should be stopped.

In the seven years since the September 11 terrorist attacks, there has been a dramatic escalation in federal government secrecy. This increase in information classification comes with a staggering price tag -- a record high of $9.5 billion in 2006 -- and is taking place in the face of almost universal agreement that classifying information is not enhancing national security.

In "Reinventing Transparent Government," a new policy brief for The Century Foundation, Patrick Radden Keefe, fellow and expert on national security and civil liberties issues, calls for rolling back the secrecy of the Bush years and restoring transparency and accountability to American government.

More here.

Read the full brief here.

The Presidential Records Act Hold Just Keeps On...

This, from the National Security Archive, is simply maddening:

Senator Sessions Places Hold on Presidential Records Bill
January 23rd, 2008

In November 2001, President George W. Bush issued Executive Order 13233, which gave current and former presidents and vice presidents broad authority to withhold presidential records or delay their release indefinitely. “The Presidential Records Act Amendments of 2007″ (H.R. 1255) would nullify the Bush executive order and establish procedures to ensure the timely release of presidential records.

On January 22, 2008, Senate Majority Leader Harry Reid (D-NV) brought the “Presidential Records Act Amendments of 2007″ (H.R. 1255) to the floor under the Senate’s unanimous consent rule that allows non-controversial bills to be considered on an expedited basis. However, Senator Jeff Sessions (R-AL) became the latest Republican senator to publicly put a hold on the bill and blocked floor consideration.

Last September, Senator Jim Bunning (R-KY) blocked a vote in the Senate on the bill, preventing floor action throughout the fall. However, on December 18, 2007, without explanation, Senator Bunning suddenly lifted his hold. The next day, Senator Joseph Lieberman (ID-CT) requested that the bill be passed. However, an anonymous Senator placed a secret hold on the bill.

Since the White House has not rescinded its threat to veto the bill, it is reasonable to assume that Senator Sessions is holding up the bill at the behest of the Administration. Senator Sessions gave no explanation on the floor as to why he was blocking the consideration of the presidential records bill.

Read more here.

And in case you missed it, here is yours truly, mad as &^&# even before this latest outrage.

Hillary Sits On Records...

The National Archives is withholding from the public about 2,600 pages of records at President Clinton's direction, despite a public assurance by one of his top aides last month that Mr. Clinton "has not blocked the release of a single document."

The 2,600 pages, stored at Mr. Clinton's library in Arkansas, were deemed to contain "confidential advice" and, therefore, "closed" under the Presidential Records Act, an Archives spokeswoman, Susan Cooper, told The New York Sun yesterday.

An official who oversees the presidential libraries operated by the federal government, Sharon Fawcett, said in a recent interview that the records were withheld in accordance with a letter Mr. Clinton wrote in 1994 exercising his right to hold back certain types of files and another letter in 2002 about narrowing the scope of his earlier instructions. Asked by National Journal whether Mr. Clinton had "total control" over the closure of records under the confidential-advice provisions of the law, Ms. Fawcett said he did.

More here.