The American Press Institute has this
article and excerpt from
The Buying of the President 2004: Who's Really Bankrolling Bush and His Democratic Challengers - and What they Expect in Return, by Charles Lewis. The book published by
The Center for Public Integrity, a nonprofit, nonpartisan research organization based in D.C. that investigates public service and ethics-related issues, deals as one would expect with influence peddling, but the API focuses in on a section that deals specifically with how the administration has attempted to skirt the Freedom of Information Act (FOIA).
The FOIA states that FOIA officials may withhold from requesters those records dealing with classified national security information, trade secrets, personnel or medical issues, and a handful of other matters-decisions that in each case are left to an official's own discretion. Former Attorney General Janet Reno opened government by directing FOIA officers to "apply a presumption of disclosure", and decreeing that, in the event of FOIA-related litigation, the Justice Department would no longer defend an agency's withholding of information merely because there was a "substantial legal basis" for doing so. "Where an item of information might technically or arguably fall within an exemption," she added, "it ought not to be withheld from a FOIA requester unless it need be."
Reno's successor, John Ashcroft, used the September 11th attacks as a reason to rescind the Reno's presumption of disclosure. Attorney General John Ashcroft decreed that a well-informed citizenry may be vital to government oversight, but not at the expense of undermining national security. "Any discretionary decision by your agency to disclose information protected under the FOIA should be made only after full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated by disclosure of the information," he wrote. Ashcroft then assured agencies that non-disclosure would be defended.
The article then details specific impediments that were put into place such as:
- Executive Order 13233, "Further Implementation of the Presidential Records Act", in which former presidents or their heirs may veto the release of their presidential papers, as may
the sitting president. This order gave George W. Bush the authority to block release of his father's papers, for example, or even those of Bill Clinton.
and
- A March 25, 2003 order that postponed, by three years, the release of millions of twenty-five-year-old documents slated for automatic declassification the following month, along with Executive Order 13292, which amended a Clinton Administration order, that granted FOIA officers wider latitude to reclassify information that had already been declassified, and further eliminated a provision that instructed them not to classify information if there was "significant doubt" about the need to do so.