Posted on 10/27/2011 6:54:06 PM PDT by raptor22
Scandal: A Department of Justice withholding Fast and Furious gun-running information from Congress proposes shredding the Freedom of Information Act by being able to deny certain documents even exist.
The most transparent administration in history has struck another blow for opaqueness with a proposed new federal regulation expanding its ability to respond to Freedom of Information Act (FOIA) requests, as the new rule states, "as if the excluded documents did not exist."
Current provisions that allow for denying access to documents are found in 5 U.S.C. section 552(c) and were enacted in 1986. Government can deny document access if the FOIA requester is under criminal investigation and the investigation would be jeopardized, when the request concern's an informant whose identity is otherwise not known, or when the request seeks records "pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information."
In denying the request, the government must cite the relevant exemption. The requester can then challenge the denial in court. The proposed rule change would allow the government to just say the documents don't exist, eviscerating FOIA and pre-empting the right to challenge the secrecy. A court cannot examine a document the government says doesn't exist.
The public's right to know is not absolute. Yet under current rules a court can determine whether the government's request for secrecy is justified. Even when documents are redacted to the point of meaninglessness at least we know they exist.
(Excerpt) Read more at news.investors.com ...
Fast and Furious ping
The bastards “DEEM” they don’t exist.
Why don’t they just do away with the Freedom of Information act?
If they can deny an item exists the Act is neutered anyway.
Obama makes his own ruled, there is no authority over this clown. Congress should be closed up and at least save what that costs us.They are allowing this clown to make laws through regulations and EO’s and standing there with their thumbs up their butts.
Now I hope all of you understand why I call him King Obama, our communists black Muslim.
Yeah, now we KNOW he’s from Kenya.
Americanize the Kenyan? What a laugh; more likely is that he’s KenyanIzing America.
Niiiice....!
The only thing transparent about this administration is that they are clearly liars, deceivers and cheats. That they cannot hide. In fact, they do not even try.
Thank you for the ping.
Cellophane
Mister cellophane
Should have been my name !!!!
Mister cellophane
‘cause you can look right through me
I don’t see how such a “regulation” can in any way be legal. First of all, I don’t understand how agencies can protect themselves by issuing their own regulations to do so; and secondly, I don’t see how it can so blatantly flout the law.
This is Alice in Wonderland time, folks.
It is clear that there must be some incredibly DAMNING evidence floating around!
What’s the difference between 18 minutes missing on the Nixon tapes and hundreds of pages missing from the DOJ?
Oh, Watergate never involved MURDER!
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