Dep’t of Energy Making It Harder to FOIA Bush-Era Docs

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


foia.jpg

As President Bush prepares to leave office, his appointees in the executive branch agencies seem to be doing their best to cover his tracks. With President-elect Barack Obama set to announce his choice of Nobel prize-winning physicist Steven Chu to head the Department of Energy later today, that department is trying to make it harder for the public to dig into its activities. Secrecy News reports that the Bush DOE wants to remove a guideline that encourages it to release information under the FOIA that it’s not legally required to release if doing so would serve the “public interest.” The likely result would be that the DOE would never release information unless under a legal mandate, echoing a policy former Bush Attorney General John Ashcroft implemented at the Justice Department, which actually encouraged withholding information whenever there was a “sound legal basis” for doing so. Secrecy News, which is run by the Federation of American Scientists, has FAS’ comments on the proposed regulation:

[T]here is a widespread and well-founded expectation that the incoming Obama Administration will rescind the Ashcroft FOIA policy and define a more forthcoming disclosure policy. In light of that probable scenario, I would urge DOE to cancel its proposed revision of [the public interest balancing test], or else to suspend action on it for six months while the new Administration prepares new government-wide FOIA guidance.

Seeing as the Bush administration won’t extend the courtesy of allowing the Obamas to move into the official White House guest house a few days early, it seems unlikely that DOE will hold off on its proposed revision out of amity toward the incoming administration. But I guess it’s worth a shot.

FOLLOW THE MONEY

Corporations and billionaires don’t fund journalism like ours that exists to shake things up. Instead, support from readers allows Mother Jones to call it like it is without fear, favor, or false equivalence.

And right now, a longtime friend of Mother Jones has pledged an incredibly generous gift to inspire—and double—giving from online readers. That's huge! Because you can see that our fall fundraising drive is well behind the $325,000 we need to raise. So if you agree that in-depth, fiercely independent journalism matters right now, please support our work and help us raise the money it takes to keep Mother Jones charging hard. Your gift, and all online donations up to $94,000 total, will be matched and go twice as far—but only until the November 9 deadline.

$400,000 to go: Please help us pick up the pace!

payment methods

FOLLOW THE MONEY

Corporations and billionaires don’t fund journalism like ours that exists to shake things up. Instead, support from readers allows Mother Jones to call it like it is without fear, favor, or false equivalence.

And right now, a longtime friend of Mother Jones has pledged an incredibly generous gift to inspire—and double—giving from online readers. That's huge! Because you can see that our fall fundraising drive is well behind the $325,000 we need to raise. So if you agree that in-depth, fiercely independent journalism matters right now, please support our work and help us raise the money it takes to keep Mother Jones charging hard. Your gift, and all online donations up $94,000 total, will be matched and go twice as far—but only until the November 9 deadline.

$400,000 to go: Please help us pick up the pace!

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate